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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. The crime of this case is a situation unfavorable to the Defendant, such as the following: (a) the Defendant, while drinking alcohol (0.045% alcohol concentration in blood) was driven by a vehicle (0.045% in blood), without immediately stopping the vehicle and providing relief to the injured party even though the Defendant failed to do so; and (b) the nature of the crime is not good; (c) the victim died due to the instant traffic accident; and (d) the Defendant was unable to receive a letter from the injured party.
On the other hand, the fact that the defendant's mistake is recognized, there is no history of punishment heavier than that imposed on the defendant, the defendant returned to the scene immediately after the accident, the fact that the victim's relief is not delayed due to the witness's report, and the victim seems to be negligent in the occurrence of a traffic accident.
In addition, in full view of the various conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, and background leading to the instant crime, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s sentencing was too heavy or unhued, thereby exceeding the reasonable scope of discretion.
It does not seem that it does not appear.
Therefore, we do not accept all the defendant's and prosecutor's argument of sentencing.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.