특정범죄가중처벌등에관한법률위반(도주치사)등
Defendant
All appeals by prosecutors are dismissed.
1. The grounds for appeal (unfair punishment) asserts that the Defendant is too unafford by the lower court’s punishment (three-year imprisonment) and that the prosecutor’s punishment is too unafford and unreasonable.
2. Determination of the Defendant’s negligence in driving under the influence of alcohol and driving negligence led to the death of the victim who dried the crosswalk pursuant to normal signals; the Defendant left the scene of the accident after the accident to cause the death of the victim; the Defendant provided the cause of the death of the victim; the Defendant has the same criminal records; the victim was only 20 years old at the time of the accident; and the Defendant was only 20 years old at the time of the accident, and the injury to the principal
However, the fact that the defendant is against the victim and the victim's family has received a letter from the victim's bereaved family, and that the social relationship of the defendant is obvious is favorable to the defendant.
The lower court’s sentencing appears to have been appropriately determined by considering all the circumstances, including the above-mentioned normal relationship and various grounds for sentencing asserted by the Defendant and the prosecutor, and there are no special circumstances to ex post facto change the sentencing. Therefore, the allegation of unreasonable sentencing by the Defendant and the prosecutor is without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.