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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (two years of imprisonment, three years of suspended execution, two hundred hours of community service order, and forty hours of order to attend a compliance driving lecture) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The judgment of the accused is a favorable condition to the accused for the following reasons: (a) the Defendant divided his/her own crime into one’s own crime, (b) the Defendant committed a traffic accident due to his/her drunk driving; (c) there was no harm to human life and physical damage; and (d) the Defendant driving his/her motor vehicle in the state of drinking alcohol concentration of 0.081% at the Jeonju District Court on September 11, 2018 in the crime of violation of the Road Traffic Act (LA) and there was no criminal record for any criminal punishment other than the issuance of a summary order of KRW 1.5 million.
However, drinking driving is a very dangerous crime that may cause unexpected behaviors to the life and family of itself as well as others by raising the possibility of traffic accidents, and is in fact in the state of drinking, and the defendant is driving the vehicle in violation of traffic signals in the state of drinking.
The occurrence of a serious accident to the extent that the said vehicle will be treated as a full-time loss was caused by the shock of the vehicle driven in accordance with the new code, and even though the Defendant was punished by a fine on September 11, 2018, the Defendant re-offending the vehicle only for one year, etc., is disadvantageous to the Defendant.
In addition, considering the defendant's age, character and conduct, environment and other sentencing conditions, the sentence of the court below cannot be deemed as excessive or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor 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.