특정범죄가중처벌등에관한법률위반(위험운전치사상)등
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that the main point of the grounds for appeal is too small for the lower court’s punishment (six months of imprisonment), and that the prosecutor is too unhued and unreasonable.
2. The blood alcohol content of this case is considerably high as 0.176%, and the victim was injured by the accident of this case. Nevertheless, it is difficult to compensate for damages due to the Defendant's subscription to liability insurance only.
In addition, the defendant did not agree with the victim, and the defendant has already been punished for driving without a license.
However, the defendant is against the facts charged, and he deposits five million won at the original trial and one million won at the trial court for the victim, respectively, and the victim's negligence at the occurrence of the accident in this case.
In addition, in full view of all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it is not recognized that it is too heavy or unreasonable.
3. As such, 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. It is so decided as per Disposition.