특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for eight months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service order) is too unhued and unreasonable.
2. According to the following circumstances: (a) the Defendant’s blood alcohol concentration level was high; (b) the instant traffic accident occurred due to negligence attributable to the subsequent failure of the vehicle waiting for the signal; (c) the degree of breach of the Defendant’s duty of care was significant; and (d) multiple victims were generated; and (e) the victims did not agree with the victims, it is reasonable to impose strict punishment on the Defendant.
However, there are also circumstances that can be considered, such as the degree of injury suffered by the victims or the degree of damage of the vehicle, the fact that the defendant is applying for the crime of this case, the fact that the defendant was punished for driving under the influence of alcohol, but there is no record of punishment more than the suspension of execution.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.