특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable that the punishment (one year of imprisonment, two years of suspended execution, two years of social service, 200 hours of course of compliance driving, 40 hours of course of compliance driving) imposed by the court below is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.
The defendant is recognized as committing a crime, and the degree of injury of the victim is not obvious.
The victim does not want to punish the defendant by mutual consent with the victim.
For 28 years, the police officers have served in good faith, and there are families to support.
Meanwhile, despite the duty to maintain social order as a police officer, the Defendant runs away without complying with the laws and regulations and without taking any rescue measures against the victim while drinking alcohol leveling 0.150%.
In 2014, a traffic accident was caused by occupational negligence, damaged vehicles, and a fine of 2 million won was imposed, but the same crime was committed again.
In addition, considering the following as a whole: (a) the Defendant’s age, character and conduct, environment, and family relationship; and (b) the various conditions of sentencing indicated in the pleadings and records, and the Defendant’s dismissal disposition as the principal case, it cannot be deemed that the lower court’s punishment is excessively heavy beyond the reasonable
3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.