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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (defendant A - 10 months of imprisonment, two years of probation, two years of community service work, 200 hours of imprisonment, two years of imprisonment, six months of probation, two years of probation) are too unfluent and unfair.
2. Determination
A. Defendant A was punished by a fine of KRW 4 million due to driving under the influence of alcohol in 2013. Accordingly, Defendant A’s revocation of a driver’s license causes a traffic accident while driving under the influence of alcohol again without a driver’s license; Defendant A’s degree of alcohol concentration in blood at the time of driving under the influence of alcohol is considerably high; victims’ personal and physical damage were recovered.
There is no evidence to see that it is disadvantageous to the defendant.
However, in full view of the following circumstances: (a) the Defendant recognized the facts of the crime; (b) there is no past history of criminal punishment exceeding a fine; (c) the victim’s injury appears to be relatively minor; and (d) the repair cost of the damaged vehicle is based on the estimates prepared by the staff V of Orion Tz Co., Ltd.; (b) there is no objective ground to deem the repair cost calculated by V reasonable; (c) the above repair cost is calculated by considering the damaged vehicle’s damaged part and degree; (d) the purchase price expressed by the victim I (which seems to exceed KRW 40 million); and (e) the Defendant’s age, sex, environment, circumstance and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair because it is too uneasible.
B. Defendant B was unable to drive a vehicle under the influence of alcohol at the time of the instant case so that Defendant A was able to drive a vehicle under the influence of alcohol by drying the key to the vehicle, and Defendant A was able to conceal the fact of driving when the collision with the victim occurred while driving the vehicle.