교통사고처리특례법위반등
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that the main point of the grounds for appeal is that the court below's punishment (one year of imprisonment with prison labor for six months and one year of suspended execution) is too uneasible, and that the prosecutor is too uneasible and unreasonable.
2. It is recognized that the Defendant, while under the influence of alcohol with a blood alcohol content of 0.104%, caused the instant traffic accident by committing a violation of signal while drunk, and that the injury suffered by the victim C is serious.
However, in full view of the following facts: (a) the Defendant is against the facts charged, and there is no criminal history, except for the punishment once a fine due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. around 198; (b) the instant vehicle is covered by a comprehensive insurance; and (c) the victims of the instant traffic accident agree with the victims of the instant accident; and (d) all other factors 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;
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.