특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.
2. In light of the background and content of the instant crime, etc., the Defendant’s crime was not somewhat weak, and the Defendant’s blood alcohol concentration is relatively high at the time of the instant crime, etc. However, there are circumstances favorable to the Defendant, such as the following: (a) the Defendant’s reflects the crime; (b) the Defendant did not have any particular criminal punishment; (c) the victim’s injury appears to have been relatively low; and (d) the Defendant’s vehicle was subscribed to a comprehensive motor vehicle insurance policy
Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible and unfair.
Therefore, the prosecutor's above assertion is without merit.
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.