도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
The decision of the court below (one year and two months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
Judgment
All of the crimes of this case are recognized by the Defendant, and they are against the Defendant, and when they were in the first instance, the victim H expressed his intention not to punish the Defendant by mutual agreement with the victim H of the crime of this case No. 1837, the driving distance is not less than 3 km, and the driving distance is not less than 3 km, and the road traffic law violation (driving of alcohol) for which judgment has become final and the latter part of Article 37 of the Criminal Act are concurrent crimes, and the equity with the case should be considered at the same time as this case is more favorable.
However, even though the defendant had been punished several times for the same crime, he/she repeatedly committed the crime of drinking of this case without being familiar with the trial during the same crime, the defendant's blood alcohol concentration was considerably high by 0.125%, the crime of this case in 2020 higher group 1837 is an insulting and assaulting a police officer who is legally performing official duties, and it is necessary to strictly punish him/her in order to establish a legal order and eradicate the danger of public power.
Taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, comprehensively taking into account all the factors of sentencing indicated in the instant records and pleadings, such as the Defendant’s age, sex, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, it is difficult to view that the lower court’s punishment is too heavy or unreasonable because it is too low.
Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.
In conclusion, the appeal filed 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 filed by the defendant and the prosecutor is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, it is obvious that the appeal is a clerical error in accordance with Article 25(1) of the Rules on Criminal Procedure, and it is corrected to " February 5, 2020."