특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. In light of the gist of the prosecutor’s grounds of appeal (e.g., the Defendant’s instant crime is an accident that causes severe damage to the damaged vehicle and has a chain of damage, the Defendant’s punishment of fines of KRW 7,00,000 is too unfasible, in light of the following: (a) the multiple victims have occurred due to the instant crime; and (b) the Defendant has two criminal records from driving under the influence of alcohol.
2. However, considering the motive and background leading up to the instant crime, the circumstances before and after the instant crime, and other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character, conduct and environment, including the factors alleged in the grounds for appeal, the lower court’s sentence cannot be deemed unreasonable because it is too unreasonable, considering the circumstances asserted in the grounds for appeal. Thus, the aforementioned assertion is without merit.
3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.