도로교통법위반(음주운전)
All appeals by the defendant and the prosecutor are dismissed.
1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (along with 8 months of imprisonment and 2 years of suspended sentence, etc.), the Defendant asserts that the prosecutor is too unfasible and unfair.
2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the driving distance of drinking is relatively short of 100 meters; (c) the Defendant’s health status is not good; and (d) the Defendant’s family members and branch members want the Defendant’s preference.
On the other hand, the crime of this case is committed by the defendant who has been punished not less than twice due to drinking driving, and the nature of the crime is not less than that of driving again; the defendant has already been subject to criminal punishment several times due to the same kind of crime; the defendant committed the crime of this case without being aware of the fact that he had already been subject to criminal punishment; the degree of alcohol concentration in blood was relatively higher than 0.138% at the time of detection; and the driving of drinking is a crime that may cause serious danger to the life and property of others, and thus, it is disadvantageous to the defendant.
In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.