도로교통법위반(음주운전)등
All appeals filed by the defendant and prosecutor are dismissed.
The Defendant and the prosecutor appealed respectively on the grounds that the lower court’s punishment (eight million won of a fine) is too heavy or unreasonable. However, in light of all the sentencing conditions indicated in the records and arguments in the instant case, it is not recognized that the sentence imposed by the lower court, on the grounds stated in its reasoning, is too heavy or unreasonable.
Since the appeal filed by the defendant and the prosecutor is without merit, all appeals filed by the defendant and the prosecutor are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
[However, the part of "Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving)" in the application of the law of the court below to "Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018)" shall be corrected to "Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (the point of a sound driving)"