도로교통법위반(음주운전)등
All appeals filed by the defendant and prosecutor are dismissed.
1. The gist of the grounds for appeal is that the Defendant appealed to the effect that the sentence imposed by the lower court is too unfasible (eight months of imprisonment), and that the prosecutor is too unfased and unreasonable.
2. The judgment of the defendant reflects the defendant's wrongness while committing the crime, the criminal records of the same kind have no criminal records but criminal records during the past four years, and the fact that the defendant's economic form is not good is favorable to the defendant.
However, the Defendant committed the instant crime despite a majority of the criminal records of the same kind (including two times of suspended execution), and even if the police officer was aware of the instant first crime and returned home of the Defendant, it is not good to commit the instant second crime of the same kind after drinking again, and thus, the nature of the instant crime is not good. In full view of the various circumstances, including the Defendant’s age, environment, character and behavior, motive of the crime, and circumstances before and after the crime, which are the conditions for sentencing as shown in the instant records and arguments, the lower court’s punishment is too heavy or unreasonable.
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.