도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserts that the defendant is too unreasonable due to the above excessive punishment of the court below (six months of imprisonment with prison labor), and the prosecutor asserts that the sentence of the court below is too unhued and unfair.
2. The circumstances favorable to the defendant include the fact that the defendant's mistake is recognized and against himself/herself, and that the defendant's health is not good.
On the other hand, the fact that the defendant has been punished several times due to the same crime, and that the defendant committed the crime of this case during the period of suspended execution due to the same crime is disadvantageous to the defendant.
It is difficult to view that the lower court’s punishment is too heavy or unreasonable in light of the above circumstances and other sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, environment, family relationship, motive for committing an offense, and circumstances after committing an offense.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.