특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.
2. There are unfavorable circumstances, such as the fact that the Defendant had been punished twice due to drinking (two times a suspended sentence), but he/she drives a drinking at once, the Defendant’s blood alcohol concentration was high by 0.186% at the time, and the victim suffered an injury of 4 weeks of caution, such as the left-hand slope, etc.
However, in full view of the following circumstances: (a) the Defendant recognized and reflected the offense; (b) the victim did not want to be punished against the Defendant by unanimous agreement with the victim; (c) the Defendant did not have any record of being punished by drinking for about 13 years since 2003; and (d) the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the commission of the offense; and (e) other various circumstances that form the conditions for sentencing specified in the instant records and arguments, such as the circumstances before and after the commission of the offense, it is not recognized that the sentence imposed by the lower
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.