특정범죄가중처벌등에관한법률위반(위험운전치사상)등
All appeals by the defendant and the prosecutor are dismissed.
1. According to the records of the instant case’s judgment on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on February 11, 2016, and the Defendant received a notice of receipt of lawful records of trial from this court on February 26, 2016, and did not submit a statement of reason for appeal within 20 days, which is the period for submitting the statement of reason for appeal prescribed in Article 361-3(1) of the Criminal Procedure Act, even though the Defendant received a notice of receipt of legitimate records of trial from this court on February 26, 2016, and there is no indication of reason for appeal in the petition
2. Judgment on the prosecutor's appeal
A. The gist of the grounds for appeal (unfair sentencing) is that the lower court’s sentence against the Defendant (in 10 months of imprisonment, 2 years of suspended execution, observation of protection, community service order 80 hours, and 40 hours of lecture order for compliance driving) is too uneased and unreasonable.
B. In full view of the following: (a) the fact that the victim died due to the instant crime; (b) the Defendant’s death was unfavorable to the Defendant; (c) the Defendant led to the confession of the instant crime; (d) the Defendant agreed to the victim’s bereaved family members; (c) the Defendant’s driver’s car was covered by an automobile comprehensive insurance at the time of the instant case; (d) there was no record of criminal punishment against the Defendant; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (e) the Defendant’s punishment against the Defendant is un
3. In conclusion, the defendant's appeal is dismissed under Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, and the prosecutor's appeal is without merit. Thus, it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (the defendant's appeal shall be dismissed by decision, but the defendant's appeal shall be also dismissed by judgment as to the prosecutor's appeal.)