특정범죄가중처벌등에관한법률위반(도주치사)등
The defendant's appeal is dismissed.
1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.
2. It is recognized that the judgment of the defendant is against the mistake, the vehicle of the defendant is covered by a comprehensive motor vehicle insurance, the defendant has agreed with the bereaved family members of the victim at the original stage, the defendant has been directly handled at the workplace when the defendant was enrolled due to the instant case, and there are family members to support the defendant (math and children).
However, the Defendant caused a traffic accident under the influence of alcohol level 0.154% during blood and caused the death of the victim.
Nevertheless, the defendant stopped and continued to leave the scene of drinking without examining the state of the victim, and the nature of the crime is not good and the responsibility for the crime is heavy.
In 2009, the defendant has been punished as a crime of violating the Road Traffic Act.
On the other hand, there is no change in circumstances that would be different from the original judgment.
In full view of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee (a period of three to five years) / [the scope of recommended punishment] the basic area of the escape [a period of three to five years] (a period of imprisonment] (a period of three to five years), the basic area of punishment (including a period of special mitigation (including a period of effort to recover damage) / driving under drinking, etc. after traffic accident, the court below's punishment cannot be deemed unfair because it is too too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.