특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in 10 months of imprisonment, and forty hours of compliance driving lectures) is deemed to be too uneasible and unfair.
2. The level of criticism is high in that the defendant's driving of a motor vehicle while driving a motor vehicle at the high level of 0.152% during his/her blood while having been punished three times due to drinking, resulting in a traffic accident and causing injury to the victims.
However, in full view of all the sentencing conditions in the records and arguments, including the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence of the court below is too unafford and it is not unfair in light of the following: (a) the victims are not subject to punishment due to their agreement with the victims; (b) the victims have not been punished; (c) the victims have not been injured; (d) the vehicle is covered by the automobile comprehensive insurance; and (e) the defendant has no criminal record in addition to the fine; and (e) the defendant's age, sexual behavior, environment
3. As such, the prosecutor’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That the application of the law of the court below to “1. Selection of punishment” is obvious that it is a clerical error, and thus, it is corrected ex officio as adding it.)