특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because it is too unhued so far as the sentence of the lower court (ten months of imprisonment, two years of suspended execution, observation of protection, community service, and order to attend lectures) is too unhued.
2. In light of the following circumstances: (a) the Defendant, while driving a vehicle while under the influence of alcohol and causing a traffic accident, causing the victim's injury and refusing a police officer's demand for measurement of drinking; (b) the record of punishment of a fine due to driving under the influence of alcohol reaches six times; (c) the Defendant reflects the Defendant's mistake; (d) the victim does not want the punishment against the Defendant by mutual agreement with the victim; and (e) the aforementioned records of driving under the influence of alcohol are favorable conditions, such as the Defendant's age, sexual behavior, environment, family relationship, health status, circumstances after the crime, etc.; and (e) other various sentencing conditions specified in the instant records and arguments, such as the Defendant's age, sexual behavior, and family relationship, the circumstances after the crime, etc. do not seem to be unfair since the sentence of the lower court is too uneasible.
3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.