Defendant

All appeals filed by the Defendants B and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s sentence (for Defendant A, 8 months of imprisonment, 2 years of suspended sentence, 40 hours in the compliance officer’s lecture, 120 hours in community service, and 5 million won in case of Defendant B) against the Defendants of the public prosecutor is deemed to be too uneasible and unfair.

B. Defendant B’s punishment is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of unfair sentencing against Defendant A, Defendant A was punished four times by a fine due to drunk driving and unlicensed driving, and when the police was controlled due to signal violation, Defendant A’s act of driving in a brupt manner in order to avoid this, and Defendant B’s act of having Defendant B make a false statement does not constitute an offense.

However, in full view of the following factors: Defendant A’s mistake and reflects; Defendant A’s punishment of a fine is limited to a traffic crime; Defendant A’s punishment exceeding the suspension of the execution of imprisonment due to the crime of this type is not written; Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and all of the sentencing conditions indicated in pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court to Defendant A cannot be deemed unreasonable because it is too unreasonable

Therefore, the prosecutor's argument on unreasonable sentencing against Defendant A is without merit.

B. Although Defendant B’s judgment on the assertion of unfair sentencing by Defendant B and the prosecutor is in the period of the suspension of the execution of imprisonment, the liability for the instant crime is not against the law.

However, in the second investigation of the police, Defendant B voluntarily committed a crime, and recognized his mistake, and there is no other new circumstance to consider the sentencing after the pronouncement of the judgment of the court below, and taking into account all the sentencing conditions expressed in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below to Defendant B is too heavy or unreasonable.

Therefore, the defendant B and the prosecutor.