도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. The defendant asserts that the reason for appeal is too unreasonable because of the punishment (six months of imprisonment) declared by the court below, and the prosecutor asserts that the prosecutor is too unfeasible and unfair.
2. The circumstances favorable to the defendant include the fact that the defendant made a confession of facts constituting a crime and reflects the fact that the defendant caused a traffic accident and that it is not controlled by any traffic accident.
On the other hand, at the time of the crime of this case, the defendant's blood alcohol concentration is very high 0.216%, the defendant was punished for a fine of 1 million won in 2005, a fine of 2.5 million won in 2008, a fine of 4 million won in 2015, and a fine of 4 million won in 2015 due to driving under the influence of alcohol. On March 31, 2016, the defendant again committed the crime of this case, despite the fact that he was sentenced to a imprisonment of 2 years in 6 months in 200, and the probation has not yet been imposed.
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 by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.