특정범죄가중처벌등에관한법률위반(도주치상)등
All appeals by the defendant and the prosecutor are dismissed.
1. The defendant asserts that the defendant's punishment of the court below (two years of suspended sentence in the month of imprisonment with prison labor for eight months) is too unfasible, and the prosecutor argues that it is too unfasible and unfair.
2. The following facts are favorable: (a) the Defendant recognized the facts charged and reflects the facts charged; (b) the first offender; (c) the victims of each of the instant traffic accidents agree with the victims of each of the instant traffic accidents; and (d) the victim’s injury is relatively minor.
On the other hand, while driving under the influence of alcohol, the Defendant did not take any measures to cause each of the instant traffic accidents and escape.
The number of victims is three due to each accident.
This is disadvantageous to the defendant.
In full view of the above circumstances, such as the Defendant’s age, sex, environment, occupation, circumstances leading to the crime, etc., and the conditions of sentencing indicated in the records, such as the circumstances after the crime, and the circumstances after the crime, where there is no change in the conditions of sentencing compared to the first instance court, and where the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the foregoing circumstances, the sentence imposed by the lower court is deemed appropriate, and it is not recognized that the sentence imposed by the Defendant 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.