도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of suspended execution for six months of imprisonment, fine of five million won, surveillance, community service hours, 80 hours in compliance driving, 40 hours in compliance driving) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. In light of the fact that the accused has been already punished twice for the same crime, and that the accused repeated the crime within a short period (in particular, immediately after the accused was prosecuted on July 15, 2016 due to driving under the influence of alcohol on June 5, 2016, it is necessary to strictly punish the accused.
However, in full view of the following facts: the Defendant’s mistake was divided by the Defendant; the Defendant did not have any criminal record of probation or heavier; the Defendant’s age, sex and environment; the motive, means and consequence of the Defendant’s crime; and various sentencing conditions as shown in the instant argument, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; it is deemed that the sentence imposed by the Defendant is too heavy or unreasonable; 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 dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per Disposition by the court below (Provided, That the first head "the defendant" in the part concerning "2980 Highest 2016 Highest 2980 out of the criminal facts of the judgment below shall be corrected by adding it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure since it is evident that "the defendant violated Article 44(1) of the Road Traffic Act on at least two occasions by driving a motor vehicle under the influence of alcohol on September 15, 2012 and June 5, 2016."