특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.
2. The fact that the judgment defendant reflects his mistake, that the victims' damage is not much severe, and that all the victims agreed with the victim is favorable to the defendant.
On the other hand, the following is disadvantageous.
The defendant is punished by a fine for driving under drinking while under suspension of execution.
Nevertheless, the Defendant was under the influence of alcohol for about three months from the date of punishment for driving alcohol, and was also under the influence of alcohol for about 0.138% during blood in the same time, and caused a traffic accident.
The occurrence of a traffic accident is likely to escape without taking any measures and criticism.
In addition, comprehensively taking account of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, etc., even if considering the circumstances favorable to the defendant, the court below's punishment is too unreasonable, and therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.