도로교통법위반(음주운전)
All of the appeals by prosecutors are dismissed.
1. The main point of the grounds for appeal is that the lower court’s sentence (for Defendant A: a fine of KRW 4 million; Defendant B: imprisonment for one year, two years of suspended execution, surveillance of protection, community service, 160 hours, and 40 hours of compliance driving) is too uneasible and unfair.
2. The Defendant A was driven under the condition of 0.184% alcohol concentration in blood.
On the other hand, Defendant B had been punished on three occasions by driving under drinking and one-time license driving without a license, but not only carried out without a license, but also made Defendant A easy to drive a vehicle with the key, making it easy for Defendant A to drive under the influence of drinking, and did not agree with the victim to recover any damage caused by the fraud.
However, Defendant A is a primary offender who has no criminal history, and Defendant B was punished by a fine, although he had the record of punishment for driving under drinking and driving without a license.
In addition, the lower court’s punishment is only within the reasonable scope of discretion, and is not recognized to have reached the extent of being unfair because it is too unreasonable, considering all the sentencing conditions in the instant case, such as the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.