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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, three years of suspended sentence, three years of probation, observation of protection, community service order 200 hours, and 40 hours of the lecture for treatment of alcohol addiction) is too uneasy and unreasonable.
2. On the other hand, the blood content of the instant blood is considerably high as 0.164%, and the Defendant committed the instant crime during the suspension period of execution due to driving under the influence of alcohol, and the Defendant was punished four times due to driving under the influence of alcohol and one time due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
However, the defendant recognizes the facts charged and reflects the facts charged, and does not repeat the crime such as transferring the vehicle, etc., and the degree of injury of the victim is not much severe.
In addition, the injured person does not want the punishment of the defendant.
In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is deemed as unfortunate and unreasonable.
3. In conclusion, the prosecutor's appeal is without merit. Thus, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition [The part of "the choice of punishment" and "the aggravation of light law" in the application of the judgment of the court below is "1. Selection of punishment: Imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and imprisonment for a crime of violation of Road Traffic Act (d
1. Aggravation of concurrent crimes: Inasmuch as it is apparent that it is a clerical error in the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act, it shall be corrected ex officio.)