특정범죄가중처벌등에관한법률위반(도주치상)등
All appeals filed by the defendant and prosecutor are dismissed.
The reason for appeal by the defendant is too heavy, and the reason for appeal by the prosecutor is that the sentence by 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.
All appeals filed by the defendant and prosecutor are dismissed.
However, the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes (to the extent that the punishment is added by adding "1. Selection of the punishment" and "each imprisonment" to the part of the concurrent crimes, among the concurrent crimes and the part of the concurrent crimes, and "the proviso of Article 42" to the part of the concurrent crimes, and "the penalty shall be deleted," and "the last part of the provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (to the extent that the punishment is added by the maximum penalty)" shall be corrected ex officio.