특정범죄가중처벌등에관한법률위반(위험운전치상)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal (unfair sentencing)
A. The sentence of the lower court (six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. The judgment of the Defendant committed each of the instant crimes again during the period during which the instant crime was suspended, the Defendant’s blood alcohol concentration high, resulting in an actual traffic accident, resulting in damage, and the Defendant had a record of having been punished for the same kind of crime in the past.
On the other hand, it appears that the defendant's perception of each of the crimes in this case is against his own will, and it is favorable that the victims of the traffic accident have agreed smoothly with the victims of the traffic accident, and that the figures, including the family members of the defendant, are leading, and appeal against the wife.
In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As seen above, the lower court appears to have determined the sentence by taking into account the favorable circumstances and unfavorable circumstances in favor of the Defendant, and there was no special circumstance to the extent that the sentence would be changed at the time of the trial. Accordingly, considering the circumstances where the previous suspended sentence can be invalidated according to the result of the instant judgment, and the various sentencing conditions indicated in the records, such as the character and conduct of the Defendant, environment, motive, means and consequence of the crime, etc., as well as the circumstances after the crime, the lower court’s sentence is too heavy or unreasonable.
The defendant and prosecutor's assertion of unreasonable sentencing is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.