특정범죄가중처벌등에관한법률위반(위험운전치사상)등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserts that the defendant is too unreasonable due to the excessive reduction of the punishment sentenced by the court below (ten months of imprisonment), and the prosecutor asserts that the punishment sentenced by the court below is too unfasible and unfair.
2. Circumstances favorable to the defendant, such as the fact that the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance and the degree of injury of the victims is easy, and reflects the mistakes.
However, while the Defendant had been punished four times due to drinking driving, the Defendant again committed the instant crime that causes personal injury while driving an accident during the period of probation due to the commission of the crime that caused an accident while driving a drinking free license, which led to the instant crime. At the time, the blood alcohol concentration was higher than 0.132%, and driving a distance of 60 km, including a substantial part of an expressway.
In addition, there was no agreement with the victims.
In full view of such circumstances and other circumstances as the Defendant’s age, sex, environment, background and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too heavy or unfasible, and thus, it does not seem unfair. Therefore, the argument regarding the sentencing of the Defendant and the Prosecutor is rejected in entirety.
3. In conclusion, all appeals filed by the defendant and the prosecutor are dismissed as it is without merit. It is so decided as per Disposition.