특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, 40 hours of community service order, and 40 hours of lecture for compliance driving) imposed by the court below is too uneasible and unreasonable.
2. The judgment that the Defendant caused the instant traffic accident while driving under drinking, even though the Defendant was under control twice due to drinking, and that the Defendant sustained injury to the victim is disadvantageous to the Defendant.
However, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant has no record of being punished in excess of the fine for the same kind of crime, the fact that the defendant's vehicle is covered by the motor vehicle comprehensive insurance, the fact that the victim and the victim agreed smoothly at the investigation stage, and all of the sentencing conditions in the instant case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.