교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of execution of two years, community service 80 hours, and 40 hours in a compliance driving lecture) is deemed to be too uncomfortable and unfair.
2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant was under the influence of alcohol 0.154% while driving a blood alcohol while causing a traffic accident and causing injury to the victims. In the past, the Defendant had been punished four times (one time of suspended execution, three times of fine) due to driving under the influence of alcohol, etc.
However, in light of the following: (a) the Defendant recognized the mistake of the Defendant; and (b) the degree of injury of the victims of traffic accidents seems to be relatively minor; and (c) other various sentencing factors as shown in the process of the trial and records, such as the Defendant’s age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime; and (d) the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair, and thus, the Prosecutor’s unfair
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 prosecutor's appeal is without merit. It is so decided as per Disposition.