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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal (five months of imprisonment, two years of suspended sentence, two years of observation of protection, two years of community service work, 200 hours of lectures to comply, 24 hours of lectures to comply, and 40 hours of alcohol treatment) is too unreasonable.
2. The fact that the defendant's judgment recognizes and reflects the crime late and there is no record of criminal punishment prior to the instant case, and that the victims do not want punishment against the defendant by agreement with the victims is favorable to the defendant.
On the other hand, the following is disadvantageous.
The Defendant, while driving under the influence of alcohol at 0.083% while driving a alcohol while driving a blood alcohol, suffered serious injury that requires 14 weeks medical treatment for the victim who was killed in a traffic accident. However, the Defendant, in collusion with the Defendant’s parents, conspired with the Defendant’s father, was causing an accident while driving the Defendant’s father, and acquired the Defendant’s pecuniary profit equivalent to KRW 4.450,000,000, including drinking charges and insurance money.
The nature of the crime is very bad in light of the method of crime by the defendant and the degree of damage suffered by the victim.
Although the above crime of defraudation of insurance proceeds is based on the direction of the father of the defendant, considering the fact that the defendant was a party who caused a traffic accident while driving a drinking and attempted to avoid his liability, it shall not be considered as a favorable circumstance.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.