도로교통법위반(사고후미조치)등
All appeals by the defendant and the prosecutor are dismissed.
1. The gist of the grounds for appeal asserts that the punishment of the court below is too unreasonable, while the prosecutor asserts that the sentence of the court below is too uneasible and unfair.
2. The instant crime was committed by the Defendant without taking necessary measures after the Defendant caused an accident while drinking alcohol content of 0.130% in blood, and the nature of the crime is not good.
Although the Defendant had been punished three times due to the crime of driving without a license, he again committed the crime of this case, even though he had been punished by imprisonment with prison labor.
On the other hand, the defendant recognized all the crime of this case, and since the vehicle of the defendant is covered by comprehensive insurance, it seems that the damage to the victim will be recovered.
In full view of all the circumstances, such as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment in the instant case where there is no change in circumstances regarding sentencing conditions in the trial compared to the lower court’s judgment, is only within the scope of reasonable discretion and is too heavy or unbrupted and unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.