도로교통법위반(음주운전)등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The circumstances favorable to the defendant include the fact that the defendant repents and reflects his mistake, and some of the circumstances that can be considered in the driving process are favorable to the defendant.
On the other hand, the fact that the defendant has been punished several times for the same crime, and in particular, commits the crime of this case at the time of the suspension of execution due to the same crime, is disadvantageous to the defendant.
In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.