특정범죄가중처벌등에관한법률위반(도주치사)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 (two years and six months of imprisonment) so far as the Defendant was so unfasible, and the Prosecutor appealed from the lower court’s punishment so unfased so that the Defendant was unreasonable.
2. The fact that the defendant's mistake is recognized and reflected by his/her own mistake, that the victim is negligent to a certain extent in the occurrence of a traffic accident, that the defendant's vehicle is covered by the comprehensive motor vehicle insurance, and that the defendant agreed with the victim's bereaved family members smoothly is favorable to the defendant.
On the other hand, the crime of this case committed by the defendant while driving alcohol without taking any measures such as rescue, etc. even though the victim is shocked, causing the death of the victim. The crime of this case is very heavy, and the fact that the defendant has been punished for a violation of the Road Traffic Act (driving) is disadvantageous to the defendant.
In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion 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.