특정범죄가중처벌등에관한법률위반(도주치상)등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.
2. The Defendant caused a traffic accident, but agreed with all victims, whose human and material damage is relatively minor.
On the other hand, the Defendant, even though having caused a traffic accident, escaped at least twice a year without any measure, and returned home again to another vehicle, and when driving the vehicle and regulating the operation of drinking, committed a crime that cannot be deemed to have a normal sense, such as refusing to take a drinking test at the same time.
In addition, the defendant has been punished for drinking or non-licensed driving five times.
In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.
It is difficult to view that there is a risk of losing a certified tax accountant’s qualification by a suspended sentence of imprisonment, and even if there is such circumstance, the sentence of the court below cannot be mitigated.
Therefore, we cannot accept all the defendant and prosecutor's argument.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.