특정범죄가중처벌등에관한법률위반(위험운전치상)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The defendant's punishment sentenced by the court below (ten months of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The Defendant was sentenced to a fine on one occasion in 2013 and on two occasions in 2015 due to driving under the influence of alcohol, and was sentenced to a suspended sentence of imprisonment due to driving under the influence of alcohol again in 2016.
Nevertheless, the Defendant committed the instant crime without being convicted of, and even during the suspended execution period.
In this case, the vehicle entering the intersection in violation of the signal in drinking condition and the opposite side conflict with the vehicle at the opposite side, which may cause serious danger and injury to the victim, and in light of the circumstances of the accident, the defendant is not able to unbrupt the state of alcohol.
In consideration of this, the criminal liability of the defendant is not against the law.
However, the defendant is showing the attitude to make a confession of all the crimes of this case and to reflect his mistake in depth.
The defendant agreed to the victim of a traffic accident and the original judgment.
It seems that the victim did not have any serious injury due to the traffic accident of this case.
In addition to these various circumstances, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and all of the conditions of the sentencing as indicated in the instant records and arguments, such as the circumstances after the commission of the crime, the lower court’s sentencing was excessively heavy or unhued, thereby deviating from the scope of reasonable discretion in sentencing.
It is not visible.
Therefore, the defendant and the prosecutor's assertion cannot be accepted.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.