2. Determination

A. According to the Korean Criminal Procedure Act, which takes the principle of trial-oriented and directness, there exists an area unique to the first deliberation on sentencing in light of the fact that the sentencing exists in the appellate court’s ex post facto heart character, etc., it is reasonable to respect the first instance judgment in a case where there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (B) Each of the instant crimes is deemed to have been driven under the influence of 0.14% alcohol concentration in blood while the Defendant’s driver’s license was revoked, and thereby, sustained injury to the victim. As such, each of the instant crimes was committed by the Defendant causing a traffic accident, and it is recognized that the Defendant was sentenced to a fine of KRW 200,000,000 for a fine of KRW 50,000,000 for a violation of the Act on the Aggravated Punishment, etc.

However, the above circumstances were already launched during the oral argument of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, the Defendant recognized and reflects the error of the lower court, agreed with the victim, the Defendant’s vehicle was covered by a comprehensive motor vehicle insurance, the victim’s injury to the Defendant is relatively minor, the Defendant did not have the same criminal record as or higher than the suspended execution, and the Defendant did not have the same criminal record as the Defendant did, and the Defendant’s age, sex, behavior, environment, means and consequence of the crime, and the circumstances after the crime were committed, it does not seem that the sentence of the lower court is too unreasonable.

Therefore, prosecutors.