특정범죄가중처벌등에관한법률위반(도주차량)등
All appeals by the defendant and the prosecutor are dismissed.
1. As to the summary of the grounds for appeal (ten months of imprisonment with prison labor), the Defendant asserts that the Defendant was too unfasible and unfair, while the Prosecutor appealed from the court below, asserting that it is too unfasible and unfair.
2. The judgment that the defendant agreed with the victim, and that the victim did not suffer damage due to the injury of two weeks prior to the victim, is favorable to the defendant.
However, the defendant's act of driving without a license during the suspension of execution due to drinking driving caused a traffic accident while the defendant escaped from the crackdown, and the defendant's act of making a false statement to the same passenger as the driver in order to be subject to criminal punishment.
In addition, even if the defendant was punished seven times in the previous crimes, he/she again commits a crime and is highly likely to repeat a crime and is disadvantageous to the defendant.
In addition, considering the fact that the statutory penalty for the crime of the defendant's age, sex, environment, etc. and the crime of the escape vehicle is one year of imprisonment, the sentencing for 10 months of imprisonment determined by the court below according to the reduction of quantity is within the reasonable scope of discretion, and it is not recognized that the sentencing for 10 months of imprisonment, which is determined by the court below, is too heavy or too low.
Therefore, the defendant and prosecutor's argument of sentencing is without merit.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.