특정범죄가중처벌등에관한법률위반(도주차량)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. In light of the overall circumstances of this case, the punishment imposed by the court below (eight months of imprisonment) is too unreasonable.
B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unreasonable.
2. The grounds for appeal by the Defendant and the Prosecutor are also examined.
The circumstances are favorable to the defendant, such as the fact that the defendant recognized all of the crimes, the injury of individual victims due to traffic accidents is minor, the fact that the victim does not want the punishment against the defendant by agreement with the victim of the larceny crime in the original trial, and the fact that the defendant's wife was ill and died during the trial.
The crime of this case was committed by the defendant by intrusion at night by singing, theft of the victim's property, and driving without mandatory insurance while under the influence of alcohol by the defendant's vehicle. The victim D and the passenger F, who met the victim's vehicle behind the defendant's vehicle, suffered an injury requiring two-day medical treatment, not taking measures to rescue the victim by destroying the cargo vehicle and stopping the vehicle, but going away without taking measures, such as aiding the damaged person. The bus two buses going under way, which continued to proceed, suffered an injury to the bus driver and passengers requiring medical treatment of approximately two to three weeks, and at the same time, two buses were destroyed by the defendant's crime, and the risk of serious human life damage was high.
In addition, the fact that the drinking value of the defendant is considerably high 0.167%, that the defendant did not make a serious effort to recover damage and that the victim of the first accident and the second accident agree with the victims of the second accident or did not recover damage to the victims, and that the defendant has been punished for the same crime only once, etc. are disadvantageous to the defendant.