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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor’s sentence of the lower court (one year and six months of imprisonment) is too unhued and unreasonable.
B. The lower court’s punishment is too unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
The crime of this case is not likely to cause a traffic accident that causes an injury to three victims who are one of their family members by shocking the victims' vehicles aboard while driving a motor vehicle while under the influence of alcohol by the defendant under the influence of alcohol.
In traffic accidents, there is no fault of victims and there is a serious degree of injury suffered by victims.
At the time of the instant case, the Defendant’s blood alcohol concentration was 0.13% higher.
As a motor vehicle driven by the defendant is covered only by liability insurance, damage recovery can not be made sufficiently.
Nevertheless, the victims have not agreed with the victims, so they want to impose severe punishment on the defendant.
Prior to the instant case, the Defendant has been subject to criminal punishment for the same crime, such as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act.
On the other hand, it is favorable to the defendant that the sum total of KRW 16.7 million has been paid to the victims through the insurance of the automobile driven by the defendant.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is not deemed to be too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.
3. If so, the appeal by the prosecutor and the defendant 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.