특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended sentence to one year of imprisonment, and two hours of community service order) is too unhutiled and unreasonable.
2. Determination is an unfavorable circumstance that the Defendant, while under the influence of alcohol, frightened the center line, caused a traffic accident and caused an injury requiring about 10 weeks of treatment. The Defendant’s negligence and the consequences of the accident are considerably significant, the Defendant was unable to agree with the victim, the Defendant’s failure to comply with the request to attend an investigation agency and was arrested by driving without a license of this case, and the circumstances after the crime are not good, and the Defendant had a criminal record of driving under the same kind of drinking.
However, the defendant recognized the crime of this case, against the mistake, and did not repeat the crime of this case.
It is advantageous to the fact that the vehicle operated by the defendant is covered by comprehensive insurance, that the vehicle operated by the defendant is covered by comprehensive insurance, and that the defendant has no criminal record exceeding the fine.
In addition, comprehensively taking account of the fact that there are no special changes in the sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unfasible.
Therefore, prosecutor's 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.