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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
The Defendant is highly likely to cause the instant traffic accident while driving the restricted speed exceeding 70km/h while under the influence of alcohol 0.112% in blood on a national highway with a large amount of vehicle traffic.
The accident of this case resulted in the result that the victim cannot look at the death of the victim.
A victim's bereaved family member was unable to receive a letter.
The defendant has a record of being punished once due to drinking driving.
On the other hand, the following conditions are favorable.
Defendant reflects the instant crime.
Vehicles operated by the defendant are covered by a comprehensive insurance.
The defendant deposited 20 million won in the court below for the bereaved family members of the victim, and 10 million won in the court below for the bereaved family members.
There is no history of punishment exceeding a fine for the accused.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or is not deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.