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The judgment of the court below is reversed.
Defendant
A Imprisonment of six months, and Defendant B shall be punished by a fine of 1,500,000 won.
Defendant .
Reasons
1. The summary of the grounds for appeal (the defendants A): each sentence of the court below (the imprisonment of eight months, and the fine of three million won) is too unreasonable.
2. Determination
A. Defendant A had been punished several times due to the same kind of drinking driving, and accordingly, Defendant A continued to hold a vehicle under the name of father P even after the driver’s license was revoked on April 26, 2010, and repeated without a license.
Defendant
On February 13, 2012, A controlled a police officer on a non-licensed driving, etc., and caused the police officer to make a false statement to the effect that “B has driven a vehicle on February 13, 2012,” and that “B has instigated the police officer to make a false statement to the effect that “B has driven a vehicle on or around February 13, 2012,” and even while the investigation is being conducted thereafter, the driving without a license was repeated on May 24, 2012 and June 1, 2012, while driving without a license, and caused the traffic accident and caused the injury to the victims. In light of the background leading up to each of the of the of the instant crimes, the relevant crime is not good, and the liability for the crime is not less complicated.
In addition, Defendant A also reported the occurrence of the traffic accident between the victims of the instant accident and the police, and it is not good that the circumstances after the crime are committed, such as avoiding disturbance, on the ground that Defendant A reported the occurrence of the traffic accident to the police.
In addition, the defendant A has not received a letter from victims until now.
All these circumstances are disadvantageous to Defendant A.
However, prior to each of the crimes in this case, Defendant A did not have any history of punishment heavier than the fine, the degree of injury of the victims of the instant accident is not much excessive, and the compensation for damage was made within the extent of liability insurance, and deposited KRW 2 million in cash for the victims.