특정범죄가중처벌등에관한법률위반(도주차량)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (a fine of five million won) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The Defendant, by his own negligence, was off the scene of the accident without taking measures, such as causing human and physical damage, even though having caused the instant traffic accident involving the damaged vehicle to be damaged by the damaged vehicle, and as such, the Defendant was out of the scene of the accident. Therefore, the fact that the nature of the crime is not good is unfavorable.
On the other hand, there is no other criminal record except for the punishment of fine of KRW 2 million due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2011 and a drunk driving in 201, and there is no other criminal record. The degree of injury to the victim is two weeks in need of the damage, and the damage amount of Ortotoo is a relatively minor amount of KRW 1.40,000,000,000 in the repair cost, and the damaged vehicle is a comprehensive motor vehicle insurance, and the defendant does not want to be punished against the defendant separately from the above insurance. (The victim also submitted an application to the court for a punishment against the defendant (in light of the contents of the existing agreement submitted, it is difficult to view the above application as a new ground for sentencing).
In addition, the lower court appears to have determined the sentence against the Defendant by taking into account all the circumstances, and taking into account the various circumstances, such as the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, it is not recognized that the lower court’s punishment is too heavy or unreasonable.
3. If so, the appeal by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.