beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and six months of imprisonment, two years of suspended sentence) is too unhued and unfair.
2. The defendant, while driving a vehicle without a driver's license under the influence of 0.172% alcohol level in blood, has fleded with the purpose of avoiding the crackdown on drinking by the police, and eventually, has caused a traffic accident causing human and material damage. Nevertheless, the defendant immediately escaped without taking any measures, and the defendant has a criminal record of being punished twice by a fine for the same kind of crime. Thus, the defendant needs to be punished strictly.
However, the following should be considered in light of the circumstances favorable to the defendant: (a) the defendant led to the confession of the facts of the crime; (b) the completion of agreement with the victims on all the personal and physical damage of the traffic accident; (c) there is no record of punishment exceeding the fine; (d) the defendant scrapped the vehicle driven at the time of the crime of this case; and (e) the defendant supports the children of the second grade of elementary school due to negligence.
Inasmuch as the lower court appears to have determined the sentence against the Defendant by taking account of such various circumstances, and there was no special change in the appellate court, it cannot be determined that the lower court’s sentence is too unjustifiable and unreasonable, taking into account the circumstances as seen earlier, and other various circumstances, including the Defendant’s age, environment, sex, motive for committing a crime, and circumstances before and after committing a crime, which are the conditions for sentencing specified in the instant records and pleadings.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.