도로교통법위반(음주운전)등
All appeals by the Defendants are dismissed.
1. The sentence imposed by the court below (one year of imprisonment for Defendant A, and three million won for Defendant B) on the summary of the grounds for appeal is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Defendant A has already been punished by drinking driving, and the instant crime was committed again while being investigated by driving without a license, etc.
Defendant
A is not in compliance with the road traffic laws, such as driving a considerable distance from the house to the main point without a license, for the reason that it was not simply inconvenience before the crime of this case, and the risk of recidivism is reasonable.
B. Since the circumstances after the crime are not good, such as instigating Defendant B to avoid drinking, etc. to commit a crime, it is necessary to cause a serious punishment to cause awareness of this.
Defendant
B is the first offender and some of the circumstances of the crime are considered, but the offender also needs to be punished strictly as a crime interfering with the exercise of appropriate state penal authority.
The circumstances alleged by the Defendants were already considered in the original trial, and there is no special relationship or change of circumstances that can be newly considered in the trial.
In addition, when comprehensively considering the defendants' age, sex, health status, family relationship (the defendant A is supported by his wife and his children, the defendant B is in support of his father and her mother), economic situation (the defendant A is in personal rehabilitation, the defendant B is in personal rehabilitation), motive and circumstance of the crime, circumstances after the crime was committed, and criminal records (the defendant A is subject to punishment together with the crime for which the judgment became final and conclusive) and other factors of sentencing are considered, the sentence imposed by the court below is made within the reasonable scope of discretion.