특정범죄가중처벌등에관한법률위반(위험운전치사상)등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (amounting to eight million won) so far as it is so unreasonable, and the prosecutor appealed from the lower court’s punishment too uneasible and unfair.
2. The fact that the degree of injury to the victims is relatively minor, and that the defendant recognized his fault and reflects his fault is favorable to the defendant.
On the other hand, the fact that the defendant has been punished as a crime of violating the Road Traffic Act (unlicensed driving), that the drinking value of the defendant is not low, that the defendant does not subscribe to mandatory insurance, and that the defendant does not receive a letter from the victims even though the defendant did not compensate for the damage is disadvantageous to the defendant.
In addition, considering the various circumstances revealed in the instant pleadings, such as the Defendant’s age, sex, environment, degree of negligence, and circumstance after the commission of the crime, the lower court’s punishment is too heavy or it is not deemed unfair because it is too heavy. As such, the Defendant and the Prosecutor’s argument are rejected.
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.