교통사고처리특례법위반(치상)등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (eight months of imprisonment) so long as the Defendant was so unfasible, and the Prosecutor appealed from the lower court’s punishment too unfasible and unfair.
2. In the instant crime, the Defendant, while driving a drinking alcohol, caused an injury by shocking the victimized person who passed the crosswalk by disregarding the signal of his/her stop. It is disadvantageous for the following reasons: (a) the degree of the offense is bad and the Defendant’s negligence is serious; and (b) the record of criminal punishment for driving alcohol reaches three times, etc.
However, the fact that the defendant reflects the wrong, that the injured party does not want to be punished against the defendant, and that he must support the mother.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and other various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.
3. The appeal filed by both the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.