교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (the imprisonment of eight months, the suspension of execution of two years, the community service order 80 hours, the order to attend a law enforcement lecture) is too uneasible and unreasonable.
2. The Defendant, while driving a motor vehicle under the influence of alcohol even though he had a history of punishment twice due to drinking, caused the instant traffic accident and caused the injury to the victim.
The degree of injury suffered by the victim in the above accident is not easy.
However, in full view of all the sentencing conditions indicated in the record, including the fact that the Defendant recognized the facts charged, that the injured person is not subject to the punishment of the Defendant by agreement with the injured person, that the driving vehicle is covered by a comprehensive insurance, that there is no previous conviction other than a fine, that is, the Defendant’s age, sex, occupation, environment, circumstances leading to the crime, and circumstances after the crime, etc., the lower court’s sentence is unfeasible and is not recognized as unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.