교통사고처리특례법위반등
All appeals filed by the defendant and prosecutor are dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court is deemed to be too unreasonable for the Defendant to be sentenced to imprisonment (six months of imprisonment), and the prosecutor is deemed to be too uneasible and unfair.
2. The Defendant committed the instant crime during the period of repeated crime even though he/she had the record of punishment several times for the same kind of crime, and the Defendant has no career of obtaining a driver’s license, and repeating a driver’s license and a drunk driving is disadvantageous to the Defendant.
The fact that the defendant is against his mistake, the degree of injury of the victim is relatively excessive, and the agreement with the victim was made, and the blood alcohol concentration of the defendant at the time of the accident in this case is not high to 0.064%, and the expiration period of the automobile insurance is close to the date of the accident in this case on June 4, 2013, etc. are favorable to the defendant.
In full view of the aforementioned circumstances and other circumstances leading to the instant crime, including the circumstances and motive leading up to the instant crime, the age, character and conduct, family relation, environment, occupation, etc. of the Defendant, the lower court’s punishment is too heavy or unreasonable.
Therefore, the defendant and the prosecutor's argument are not accepted.
3. As such, the defendant and the prosecutor's appeal are without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.