도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible with regard to the punishment (six months of imprisonment) declared by the court below, and the prosecutor is too unfased and unfair.
2. It is recognized that the Defendant’s mistake reflects the wrongness while committing the crime, and that the blood alcohol concentration at the time of committing the crime is not high, and that the occurrence of a traffic accident does not occur.
However, the defendant has already been punished three times due to drinking driving, and in particular, even during the suspension of the execution due to drinking driving, he/she again commits the crime of this case.
In full view of the above circumstances, the background and circumstances of the crime, and all other conditions of sentencing, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it is not recognized that the sentence imposed by the Defendant is too heavy or unfeasible.
3. The appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.