도로교통법위반(음주운전)
All appeals filed by the defendant and prosecutor are dismissed.
1. The summary of the grounds for appeal is deemed improper because the punishment imposed by the court below (eight months of imprisonment) is too heavy or hued.
2. We also examine the grounds for appeal by the Defendant and the Prosecutor.
There are favorable circumstances such as the fact that the defendant seems to recognize and reflect his mistake, and that there is a family member to support the defendant.
However, in full view of all the factors of sentencing as well as the records of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of each of the instant offenses, means and method, and circumstances after the crime, etc., even though the Defendant had been punished several times due to drinking driving in the past, it does not seem that the lower court exceeded the reasonable scope of discretion because the sentence imposed by the lower court was too heavy or unbrupted, and exceeded the reasonable scope of discretion.
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.