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 judgment of the defendant is a favorable condition to the defendant, such as the fact that the defendant's mistake is recognized, and that the defendant has no criminal record.
On the other hand, the defendant has been punished several times due to the same kind of crime such as drinking and non-licensed driving, etc., and the defendant's blood alcohol concentration is relatively high, etc. are 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 each 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.