특정범죄가중처벌등에관한법률위반(도주차량)등
All appeals filed by prosecutors and defendants are dismissed.
1. On October 31, 2013, the Defendant filed an appeal against the lower judgment on October 31, 2013, and filed a written notification of the receipt of the trial record on November 21, 2013, and failed to submit the statement of grounds for appeal within 20 days from the date on which he/she received the written notification of the receipt of the trial record from the said court on November 21, 2013, and there is no description in the petition of appeal
Therefore, it is necessary to decide to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as a judgment is rendered on the prosecutor's appeal, the dismissal of appeal shall not be decided separately, and a judgment shall be
2. Determination on the prosecutor’s appeal
A. The gist of the grounds for appeal is that the penalty (7 million won of a fine) declared by the court below is too unhued and unreasonable.
B. The Defendant had been punished several times for drinking, unlicensed driving, and traffic-related crimes, and committed each of the instant crimes again during the period of repeated crime due to the crime such as injury resulting from special obstruction of performance of official duties, etc.
The crime of this case was committed without a license by driving a vehicle not covered by mandatory insurance, and without taking necessary measures to cause a traffic accident, and the nature of the crime is not weak.
However, the Defendant committed the instant crime in depth, and is against himself, and has not committed a second offense.
The degree of injury of the victims is relatively minor, and in investigation agencies, the victims do not want punishment against the defendant by mutual consent between the victims and the victims, and they want to find the defendant's wife.
In addition, in full view of all the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below cannot be deemed unfair because it is too uneas
3. In conclusion, the appeal by the prosecutor and the defendant is dismissed as it is without merit. It is so ordered as per Disposition.