도로교통법위반(음주운전)
All appeals filed by the defendant and prosecutor are dismissed.
1. The summary of the grounds for appeal: The punishment of the court below is too unreasonable, because it is too unreasonable for the defendant to be sentenced to imprisonment (eight months of imprisonment);
Prosecutor: The sentence of the court below is too uneased and unreasonable.
2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the reasons for sentencing revealed in the proceedings of the instant case’s oral argument (the fact that the Defendant is against the Defendant, even if he/she had a record of being subject to a suspended execution two times or more as favorable crimes, it cannot be said that the lower court’s sentencing is too heavy or unafford and exceeded the reasonable scope of discretion, and thus, it cannot be said that the lower court exceeded the reasonable scope of discretion.
3. 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