특정범죄가중처벌등에관한법률위반(도주치상)
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.
2. In addition to minor injuries suffered by the victims, the Defendant agreed with the victims and did not have any criminal history.
On the other hand, while the defendant is driving a alcohol, it is not easy for the defendant to resist the victims who walk near the crosswalks, and it is not easy for him to commit a crime by his act of negligence as well as by failing to take any measures to cause a traffic accident.
In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.
It is difficult to see it.
Therefore, we cannot accept all the defendant and prosecutor's argument.
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.