도로교통법위반(음주운전)
All appeals by the defendant and the prosecutor are dismissed.
1. On March 22, 2018, even if the Defendant received a notice of receipt of the record of trial from this court on March 22, 2018, he/she did not submit a written reason for appeal within the period for submission of a legitimate reason for appeal. On March 2, 2018, the Defendant submitted a petition of appeal on March 2, 2018, without stating the reason for appeal, and there is no reason for ex officio examination even upon examining
2. Determination on the prosecutor’s appeal
A. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 7 million won) is too unhued and unreasonable.
B. In full view of all the circumstances in the arguments and records, including the circumstances unfavorable to the judgment of the court below (the fact that the court below was under the influence of two times of criminal punishment due to drinking driving, the fact that the criminal liability is not less than 0.1% in denying the crime, etc.) and favorable circumstances (the fact that the drinking value is less than 0.1% in the above criminal punishment, and there is no other criminal record other than the above criminal punishment power) as stated in the reasoning of sentencing, the judgment of the court below exceeded the reasonable limit of discretion.
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s assertion is without merit.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. The defendant's appeal shall be dismissed in accordance with a decision under Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is ruled as above, the defendant's appeal shall be dismissed together with a decision. It is so decided as per Disposition.