특정범죄가중처벌등에관한법률위반(도주차량)등
The appeal by the prosecutor is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the original judgment is deemed to be too uneasible and unfair.
2. The crime of this case is an unfavorable circumstance where the Defendant driven a vehicle while under the influence of alcohol 0.075%, without taking necessary measures to cause a traffic accident on an expressway, and the Defendant runs ahead of it, and the relevant crime is grave, and the degree of injury suffered by the victim H is not minor.
However, in light of the following: (a) the Defendant’s mistake is divided in depth and reflected; (b) the primary offender who has no record of criminal punishment; (c) the Defendant’s vehicle is covered by a comprehensive insurance policy; and (d) the victims do not want to be punished against the Defendant; and (c) other various sentencing conditions, such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) all the sentencing conditions, such as the circumstances after the crime, etc., are deemed unreasonable to the extent that the sentence of the lower court is reversed.
3. The appeal filed by the prosecutor with the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.