특정범죄가중처벌등에관한법률위반(위험운전치상)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
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. In light of the fact that the Defendant was punished several times for committing a traffic-related crime of the same kind in the past, that it was a crime during the period of repeated crime of this kind, and that the blood alcohol concentration of this case was high, there is room to view that the lower court’s sentence, which determined the sentence to be sentenced to the lowest sentence of the applicable sentences, is somewhat minor.
However, since the Criminal Procedure Act, which takes the principle of trial-oriented and directness, has the unique area of the first instance court as to the determination of sentencing, it is reasonable to respect the determination of sentencing in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant appears to reflect his/her wrong judgment up to the trial court’s trial, such as the Defendant’s failure to repeat again, and the victim did not have much weighted damage caused by traffic accidents, and agreed with the victim only smoothly at the trial, and there is no special circumstance to change the sentence of the lower court at the trial. In full view of various circumstances in the records, such as the Defendant’s character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing does not seem to be too unfavorable or unreasonable.
The defendant and prosecutor's assertion of unreasonable sentencing is without merit.
3. In conclusion, since each appeal filed 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.