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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 (one year of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The following are the circumstances that the Defendant recognized the entire mistake of the Defendant, the negligence of the victim, as well as the Defendant appears to have caused the instant death accident, the Defendant deposited KRW 30 million for the bereaved family members of the victim, the bereaved family members of the victim’s entitlement to bereaved family benefits from the Labor Welfare Corporation, and the Defendant received any penalty other than the fine imposed due to the crime of gambling in 2002, etc., which are favorable to the Defendant. The degree of violation of the Defendant’s duty of care is not easy, and the result of the victim’s death occurred, the bereaved family members of the victim seems to suffer from severe mental traffic, and the Defendant was unable to reach an agreement with the bereaved family members of the victim up to the trial, and the Defendant caused a traffic accident under drinking conditions.
In addition, there are no special circumstances or changes in circumstances that can be newly considered in sentencing in the trial of a political party, and considering all the sentencing factors in the records and arguments of this case, including the defendant's age, sex, environment, circumstances of the crime, circumstances after the crime, etc., the court below held that the defendant's punishment imposed by the court below is too heavy or heavy and exceeded the reasonable scope of discretion.
shall not be deemed to exist.
Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.