교통사고처리특례법위반(치상)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The following facts are favorable to the Defendant.
Defendant reflects the instant crime.
Vehicles driven by the defendant are insured by the bus mutual aid association.
At the investigation stage, 3 million won was deposited for the victim.
There is no record of criminal punishment after 1981, and there is no record of punishment exceeding a fine.
On the other hand, the following is disadvantageous.
The Defendant, while driving a crosswalk in violation of the signal while under the influence of alcohol, caused the instant traffic accident by placing the victim who walked on the crosswalk on a lane, and is on the charge of the Defendant.
The elderly victims suffered serious injuries due to the instant traffic accident.
did not receive a letter from the injured party.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too heavy or is not deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.