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 (one year of imprisonment, two years of suspended execution, 40 hours of order to attend a law-abiding lecture, 160 hours of community service order) is too uneased and unreasonable.
2. The judgment of the Defendant, even though he had the history of punishment for driving under the influence of alcohol, is driving under the influence of alcohol again and caused a traffic accident. While the Defendant committed a heavy punishment against the Defendant, the Defendant is in need of a serious punishment. Meanwhile, considering the fact that the Defendant is expected not to repeat again while closely reflecting the instant crime, the degree of injury suffered by the victims is not excessive, the vehicle operated by the Defendant was covered by a comprehensive insurance, the Defendant has no history of punishment exceeding the fine, and other various sentencing conditions indicated in the records and arguments of the instant case, such as the Defendant’s age, character and behavior, home environment, and the background and result of the instant crime, it is not deemed unfair to have a sentence imposed by the lower court.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.