All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

The punishment (one year of imprisonment and two years of suspended execution) imposed by the lower court is too unreasonable.

The punishment sentenced by the court below is too uneasible and unfair.

Judgment

The defendant's act of driving the 3rd line road, which is installed as a central separation cost, at night, in the main state of blood alcohol concentration of 0.113%, is disadvantageous to the victim's f driver's vehicle by shocking the victim's f driver's vehicle. It is disadvantageous to the victim who was on board the above vehicle, who caused the serious injury from 6 weeks to 12 weeks in total.

However, the court below's sentencing is too unfair or unfair in light of the following factors: the defendant's 70,000 won was sentenced to a fine not exceeding 700,000 won in the Seocheon Branch of the Daejeon District Court on March 23, 1994; the defendant has no criminal power for the same kind of crime except for the defendant's sentenced to a fine not exceeding 70,000 won; the defendant subscribed to a motor vehicle comprehensive insurance; the defendant deposited 5,80,000 won to the victim F; the victim H; the defendant deposited 1,50,000 won to the victim I; the scope of the recommended sentence according to the sentencing guidelines for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Traffic (Death or Injury caused by Dangerous Traffic) established by the Sentencing Committee; the traffic crime group; the first type of general traffic accident; the special person (the illegality of the proviso of Article 3 (2) of the KAWA); the recommended sentencing scope (the age, character, motive and consequence of the defendant's age, etc.

In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.