도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. As to the gist of the reasons for appeal (eight months of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the prosecutor filed each appeal by asserting that it is too unfasible and unfair.
2. The Defendant committed the instant crime of the same kind since he/she was sentenced to a punishment of three-year imprisonment with prison labor for a crime of drinking driving, which became final and conclusive on one-year period of suspension of execution, even though he/she had been in the period of suspension of execution; and the Defendant’s blood alcohol concentration in the Defendant’s blood constitutes 0.231%, which is disadvantageous to the Defendant.
On the other hand, there are favorable circumstances to the defendant that the defendant recognized the crime of this case and reflected against the defendant.
In full view of the above circumstances and circumstances, including the Defendant’s age, sex, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc., the sentence imposed by the lower court merely appears to be within the reasonable scope of discretion and cannot be deemed to be excessive or unreasonable as it is too heavy.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.