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 court below's punishment (one year and six months of imprisonment with prison labor) is too uneasible, and the prosecutor is too uneasible and unfair.
2. Although the Defendant was punished on one occasion for driving under drinking or non-licensed driving, the Defendant was 0.122%, 0.127%, 0.175%, and 0.156% of alcohol concentration in each blood of this case.
However, in full view of all the sentencing conditions in the records, such as the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence imposed by the court below is deemed appropriate, and it is not deemed unfair because it is too heavy or unfasible. In light of the following: (a) the victim of special intimidation agrees with the victim, and the victim does not want the punishment of the defendant; and (b) the defendant voluntarily attends the police station on April 22, 2016 upon his/her appointment; and (c) the defendant's age, sex, environment, occupation, and conditions after the crime
3. As such, the appeal by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.