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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The gist of the grounds for appeal is that the punishment of the lower court (a fine of KRW 15 million) is too unreasonable.
Prosecutor: The sentence of the lower court (a fine of KRW 15 million) is too unhued and unreasonable.
2. We also examine the arguments of the Defendant and the Prosecutor.
The Korean Criminal Procedure Act, which takes the principle of trial-oriented and directness, has no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the instant case, there is no particular change in sentencing conditions compared to the lower court’s judgment. In full view of the circumstance and circumstances of a drunk driving, degree of blood alcohol concentration, Defendant’s previous conviction and age environment, etc., the lower court’s punishment is too heavy or it is not recognized that the lower court exceeded the reasonable scope of discretion by putting it into force, and all the sentencing conditions indicated in the instant arguments and records.
The defendant and prosecutor's assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.