광주지방법원 2017.08.17 2016노2063



The prosecutor's appeal is dismissed.


1. The lower court’s sentence (two years of suspended sentence for one year of imprisonment, 80 hours of community service, and 40 hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed unreasonable because it is too unfasible.

2. Determination is that the defendant has been punished twice due to drinking, and that the defendant's values of drinking are very high is disadvantageous to the defendant.

However, considering the fact that the Defendant has no criminal history exceeding the fine, the degree of injury of the victims is relatively minor, the Defendant agreed smoothly with the victims, the Defendant recognizes his mistake, reflects himself, and other various circumstances shown in the argument of the instant case, the lower court’s punishment is too unfasible and is not deemed unfair, and thus, the Prosecutor’s assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.