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Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment against Defendant B is too unreasonable.
B. The lower court’s punishment against the Defendant A of the Prosecutor (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, two years of social service, 90 hours of imprisonment) is too uneasy and unreasonable.
2. Determination
A. As to the Defendant B’s assertion of unreasonable sentencing, the Defendant’s mistake is against each other; there is no previous conviction for the same kind of crime and no more than fine; and the victim J of the crime of violation of the Punishment of Violences, etc. by the bereaved family members of the victim’s bereaved family members (joint injury) died due to a traffic accident after the instant indictment was instituted; thus, the Defendants deposited damages with the father and Ma of the victim and N as the principal deposit.
The fact that 500,000 won has been deposited to the victim, and that the victim is also responsible for the occurrence of the crime, is favorable to the defendant.
However, in full view of the following facts: (a) the degree of damage of the victim is not less severe; (b) the victim’s side is not agreed or did not receive a letter; and (c) the Defendant’s age, character and conduct, environment, the background and result of the instant crime; and (d) the circumstances after the crime, etc., the lower court’s punishment against the Defendant cannot be deemed to be too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is without merit.
B. In light of the prosecutor's assertion of unfair sentencing by the prosecutor (defendant A), despite the fact that the defendant had been punished for driving under the influence of alcohol again even though he had been twice again, the defendant's liability related to driving under the influence of alcohol is not less severe; the current Road Traffic Act stipulates that a person who has violated the prohibition clause on driving under the influence of alcohol twice or more shall be punished more strictly if he/she drives under the influence of alcohol again; the degree of damage of the victim is not less narrowly; the victim's damage is not easy; the victim's side of the crime of violation of the Punishment of Violences, etc. Act (joint injury) is not