범인도피교사등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserts that the defendant is too unaffortable because of the punishment sentenced by the court below (ten months of imprisonment), and that the prosecutor is too unaffortable and unfair.
2. The fact that the judgment of the defendant led to the confession of criminal facts and reflects the fact, and disposes of the vehicle operated at the time of the instant crime is favorable to the defendant.
On the other hand, the crime of this case alleged that the defendant was driving under influence of alcohol or without a license, and that the third party made a false statement to an investigative agency to avoid punishment for she was bad in the nature of the crime, and that the defendant did not accurately disclose his personal information at the time of the control of this case, and that the defendant was not driving by proxy, and thus, the defendant B was driving by the investigative agency after 10 days.
The circumstances before and after the crime are committed, such as denying a person who has made a false statement while driving alcohol or without a license, are not good, and the blood alcohol concentration of the defendant at the time of the crime in this case is considerably high to 0.118%, and the defendant is also found to be disadvantageous to the defendant due to the following: (a) the suspension of execution in April 2007; (b) the suspension of execution in 2 years; (c) the suspension of execution in 2008; (d) the suspension of execution in April 201; and (e) the refusal of the measurement of drinking in 201; and (b) the suspension of execution in 2 years; and (c) the suspension of execution in 201; and (d) the suspension of execution in 2 million won
In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive, and circumstance before and after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or is deemed unreasonable as it is too low, and thus, the argument that the sentencing of the Defendant and the Prosecutor is unfair is rejected.
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, since all of the appeal filed by the defendant and the prosecutor are without merit. It is so ordered.