특정범죄가중처벌등에관한법률위반(도주치상)등
All appeals filed by the defendant and prosecutor are dismissed.
The reason for appeal by the defendant is that the punishment of the court below (one year of imprisonment) is too heavy, and the reason for appeal by the prosecutor is that the punishment of the court below is too minor.
However, considering the fact that there is no change of circumstances that could affect the sentencing in the course of the trial, together with the circumstances and the conditions of the sentencing stated in the reasons for sentencing, the sentencing of the court below is beyond the discretionary scope, and it is not recognized that it is unfair to avoid destruction as it goes beyond the discretionary scope.
The appeal filed by the defendant and the prosecutor is dismissed.
(However, the phrase "the summary of evidence" of the judgment of the court below is clear that the phrase "the proviso of Article 42" in the part concerning criminal records, "one copy of a summary order," and "application of statutes" in the part concerning concurrent crimes are all erroneous statements, and thus, it is corrected to delete each item in accordance with Article 25 (1) of the Rules on Criminal Procedure.