특정범죄가중처벌등에관한법률위반(위험운전치사)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to the defendant (two years of imprisonment) is too unreasonable.
(A) The argument of mental or physical disability has been withdrawn.
The above-mentioned sentence imposed by the court below on the defendant is too unfortunate and unfair.
2. We examine the reasoning of the judgment and the prosecutor together.
This case is recognized that the defendant caused a traffic accident due to drinking driving, caused the death of the victim D, suffered a bodily injury that requires about 10 weeks' medical treatment to the victim C, and assaulted the police officer dispatched from the accident to interfere with the police officer's legitimate execution of duties. The case requires very strict punishment, and the defendant's blood alcohol concentration is very high to 0.221% in this case.
However, it is also recognized that the defendant recognized the crime of this case, the defendant's vehicle is covered by a comprehensive insurance, and the bereaved family members of the victim D who died at the court below agreed to pay 8 million won to the bereaved family members of the victim D who died at the court below, the defendant deposited 6 million won for the victim C, there is no criminal conviction against the defendant, the defendant's family members and branch members want to leave the ship, and the victims of the traffic accident of this case seems to have some negligence, and the defendant has lived in a comfortable environment.
In addition, comprehensively taking account of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.