도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. The defendant asserts that the defendant's punishment of the court below (six months of imprisonment with prison labor) is too unfasible, and the prosecutor is too unfased and unfair.
2. The Defendant, who recognized the facts charged, runs against the Defendant.
On the other hand, even though there are many records of punishment for the same crime such as drinking, refusing to measure drinking, etc., the Defendant again committed the crime of drinking and non-licensed driving.
The alcohol level (0.228% of alcohol concentration in blood) at the time of crime is also high.
In full view of the above circumstances and other conditions of sentencing as indicated in the records, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, circumstances after the commission of the crime, etc., and the fact that it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the sentence imposed by the lower court is deemed appropriate, and it is not deemed unfair because it is too heavy or unfeasible.
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.