The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D shall be punished by fine of 5,000,000 won.

Defendant .

Summary of Grounds for Appeal

A. The Defendants’ sentence (Defendant A and B: one year of imprisonment, two years of probation, 160 hours of community service order, 160 hours of community service order, Defendant C: 10 months of imprisonment, 2 years of probation, 120 hours of community service order, Defendant D’s order to attend a compliance driving course, 40 hours of imprisonment: six months of probation, 2 years of community service order, 80 hours of community service order, 40 hours of order to attend a compliance driving course) is too unreasonable.

B. The Prosecutor’s sentence against Defendant A and B by the lower court is too unhued and unreasonable.

2. Determination

A. The crime of this case committed by Defendant A, B, and C was committed on the 2nd line road at the new wall time when the Defendants get off, and Defendant A and B driven three cars while drinking, and thereby causing danger to traffic. In particular, Defendant A operated by the method of driving in the direction of driving along and opposite to the above road (Evidence No. 10, 23, 122 pages). At the time of the crime of this case, Defendant A’s blood alcohol concentration at the time of the crime of this case was considerably high by 0.151%, Defendant B’s blood alcohol concentration at the time of the crime of this case, and Defendant B’s blood alcohol concentration at 0.09%. Dur the above racing, Defendant C was able to shock Defendant B’s driving vehicle (Evidence No. 101 of the Record) in light of the circumstances of the crime of this case, including the fact that the crime of this case was found to have been reported to a third party, and the location and place of the crime of this case cannot be readily concluded to be disadvantageous to the Defendants.

However, in full view of the fact that the Defendants are divided into and against their mistakes, the Defendants are primary offenders with no criminal power; the Defendants’ family members are leading the Defendants; the Defendants’ family members want to take the lead to the Defendants; and the Defendants’ age, character and conduct, environment and other sentencing conditions, the lower court’s punishment against Defendant A and B is too heavy or unfasible.