특정범죄가중처벌등에관한법률위반(위험운전치사상)등
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that the court below's punishment (one year of imprisonment, two years of suspended execution, one hundred and twenty hours of community service, and forty hours of order to attend a lecture) is too unreasonable, and the prosecutor is too unhued and unreasonable.
2. The Defendant, while under the influence of alcohol, was breathed by the victim who was under the influence of alcohol and stopped pursuant to the new subparagraph, and there was a serious result of the victim’s death.
The blood alcohol concentration of this case is also very high to 0.218%.
However, the defendant is against the charge, and the defendant is the first offender.
The defendant does not want the punishment of the defendant by mutual consent with the bereaved family members of the victim.
In addition, in full view of all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it is not recognized that it is too heavy or unreasonable.
3. As such, the appeal by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.