도로교통법위반(음주운전)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced 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. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant appears to have the attitude of recognizing and reflecting the instant crime; there is no history of punishment heavier than the suspension of execution due to the same kind of crime; the Defendant’s wife was urged to be hospitalized in an emergency room and operated rapidly; and there is room to take into account the circumstances leading up to the occurrence of the instant crime; and the family members want to support the Defendant’s wife.
On the other hand, the Defendant committed the instant crime even though he had the record of being sentenced to the punishment of each fine for driving under the influence of alcohol in 2017 and driving without a license in 2018 from 2000 to 2018, and even though he had the record of being sentenced to a total of six times of fines for the same kind of crime, he/she committed the instant crime. The Defendant did not know even though he/she was under the suspension of execution due to the instant crime, but did not know of it during the suspension of execution, and needed a strict
In full view of all other circumstances, such as the Defendant’s age, character and conduct, environment, means and consequence, and circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.
3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.