특정범죄가중처벌등에관한법률위반(도주치상)등
All appeals by the defendant and the prosecutor are dismissed.
1. The defendant asserts that the sentencing of the court below on the summary of the reasons for appeal (eight months of imprisonment with prison labor) is too small, and the prosecutor is too unhued and unfair.
2. The Defendant had been punished several times for the same type of crime, such as drinking driving, etc., and, in particular, committed the instant crime during the judgment on the crime of refusing to measure drinking (Seoul District Court Branch 2017, 134, Jun. 2, 201).
On the other hand, the defendant did not want the punishment of the defendant in agreement with the victim.
In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.