The judgment below

Of the above, the part concerning Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

except that this shall not apply.

1. The main point of the grounds for appeal is that the lower court’s punishment (Defendant A: fine of 8,000,000, and fine of 4,000,000) is too uneasible and unreasonable.

2. Determination

A. As to Defendant A, the following facts are favorable to the Defendant.

Defendant reflects on crimes.

The defendant is an initial criminal who has no record of criminal punishment in the Republic of Korea.

It seems that the defendant paid 3 million won to the bereaved family members of the victim under the pretext of agreement.

On the other hand, the following is disadvantageous.

The defendant, while driving a drinking alcohol, was involved in a traffic accident, caused the death of the victim who was on board the defendant's vehicle, and caused a serious result to the death of the victim, and therefore the responsibility for the crime is very heavy.

At the time of the instant case, the Defendant’s blood alcohol concentration was relatively high by 0.10%.

The Defendant was driving a car borrowed from the Defendant, and the instant traffic accident was sent to the Defendant, and the comprehensive insurance covered by a motor vehicle is subject to a special condition attached to the insured's limited contract, so the injured party could not receive compensation through the insurance purchased by the Defendant.

피고인이 일으킨 교통사고로 피해 자가 반대편 차선으로 튕겨 져 나가 반대편 차선에서 마주 오던 피고인 B이 운전하던 자동차에 피해 자가 역과되도록 하는 2차 사고까지 발생시킨 책임도 있다.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is deemed to be too uneasible and unfair, and thus, the prosecutor’s assertion is reasonable

나. 피고인 B에 관하여 피고인은 피고인 A이 일으킨 교통사고로 인해 도로 상에 튕겨 져 나와 쓰러져 있던 피해 자를 충격하는 2차 사고를 일으킨 것이어서 사고 발생 경위에 참작할 만한 사정이 있다.

Defendant.