도로교통법위반(음주운전)
All appeals by the defendant and the prosecutor are dismissed.
1. As to the gist of the reasons for appeal (six months of imprisonment) by the lower court, the Defendant asserts that the Defendant was too unfasible and unfair, while the prosecutor filed each appeal by asserting that the Defendant was too unfasible and unfair.
2. Determination is that the Defendant’s blood alcohol concentration is higher than 0.096%, and the Defendant was punished three times due to driving of drinking and refusing to measure drinking, and even if the Defendant was sentenced to punishment, it is not good that the Defendant committed the instant crime again, and there is a risk of recommitting a crime.
On the other hand, the distance of the defendant's driving is 500 meters, and there was no accident due to the driving of the defendant's drinking.
In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.
3. As such, the appeal 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.