특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (one year of imprisonment, two years of suspended sentence, two years of probation, observation of protection, 40 hours of lecture course of compliance driving, community service work hours of 160 hours) is too uneasy and unreasonable.
2. Determination
A. The crime of this case is a case where the Defendant was driving in the blood alcohol concentration of 0.09% and suffered injury to the victim by causing a traffic accident, and the damaged vehicle was destroyed and escaped, and its nature is not good.
B. On the other hand, there are extenuating circumstances, such as the fact that the Defendant did not have the same criminal record or criminal record, and the confession of the crime, and the victim’s injury was not severe, and the Defendant’s driving vehicle subscribed to liability insurance.
In addition, considering all of the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.
3. The appeal by the prosecutor of the conclusion 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.