도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Circumstances unfavorable to the judgment on the grounds for appeal: The defendant committed each of the crimes of this case during the period of repeated crime.
In the case of the crime of driving alcohol in this case, the drinking value is relatively high.
The defendant can have a record of driving alcohol and violent crime.
The favorable circumstances shows the attitude of the defendant to recognize and reflect all the crimes of this case.
In the case of the crime of assault of this case, there are some circumstances to consider the background thereof, and the victim did not actively express his intention to punish.
All the kinds of sentencing conditions and the scope of recommended punishment in the sentencing guidelines, including the above unfavorable circumstances, favorable circumstances, the defendant's age, character and behavior environment, relationship to victims, motive means of crime, results of crime, circumstances after crime, etc., as stated in the present arguments and records
(a) Crimes of assault [Scope of Recommendation] No. 1 category (General Assaults) in the basic area (from February to October);
B. On the grounds that the sentencing criteria are not set for the crimes of violating the Road Traffic Act, only the lower limit of the above recommended punishment for the crimes of assault shall be observed.
In full view of the above, it is not recognized that the sentence imposed by the court below is too heavy or unhutiled so that it is unfair.
3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.