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 respect to the punishment (eight months of imprisonment) declared by the court below, and the prosecutor is too unfased and unfair.
2. The Defendant, who committed a crime, reflects the wrongness while committing the crime, and again, commits a second offense.
However, even though the defendant was found to have caused an accident of being parked in a vehicle while driving the vehicle in a state of drinking 0.218% alcohol level without a driver's license and caused the accident of being driven without a driver's license, due to this, re-driving without being familiar with the criminal trial and driving without a driver's license, and the defendant has already been subject to three times or more as well as three times of suspended sentence due to drinking, etc., the criminal liability is not weak.
In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, environment, background, and circumstances after the commission of 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 unreasonable.
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.