도로교통법위반(음주운전)
All appeals by the defendant and the prosecutor are dismissed.
1. On the other hand, the defendant asserts that the defendant's punishment (two years of suspended execution, community service, and compliance instruction for a prison term of eight months) of the court below is too unreasonable and unfair. On the other hand, the prosecutor appealed against the prosecutor that it is too unfasible and unfair.
2. The judgment of the Defendant did not have any record of criminal punishment exceeding the previous fine; the Defendant recognized all of the crimes after committing the crime and scrapped the vehicle; and endeavored to prevent recidivism by receiving treatment for alcohol addiction; and the instant case appears to be dismissed from the public official to be subject to separate disadvantage in relation to his status, such as being under the examination of the petition.
However, even if the Defendant was punished by a fine on four occasions due to driving without a license for drinking alcohol, at this time, the Defendant dumped the central line and dumped the water by drinking alcohol level of 0.306% during blood at the same time.
In addition, when taking into account the sentencing conditions specified in this case, such as the Defendant’s age, sex, environment, etc., the lower court’s punishment is within the reasonable scope of discretion and is not deemed to be too heavy or unreasonable because it is too heavy.
Therefore, the defendant and prosecutor's argument of sentencing is without merit.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.