도로교통법위반(음주운전)등
Defendant
All appeals by prosecutors are dismissed.
1. As to the sentencing of the court below (one year of imprisonment), the defendant asserts that the sentencing of the court below (one year of imprisonment) is too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.
2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
In light of all the sentencing conditions shown in the records of this case and the oral proceedings, including: (a) there is no change of circumstances to consider the sentencing after the judgment of the court below; (b) there is a history that the defendant was punished five times due to drunk driving; (c) the defendant was sentenced to one year imprisonment at the Changwon District Court on March 29, 2019 for the crime of violation of the Road Traffic Act; and (d) on August 12, 2019, the defendant was sentenced to two years of suspended sentence; (b) without a license; (c) the sentence of suspended sentence was revoked by leaving his residence without permission and avoiding probation without a partial implementation of the order to attend education; and (d) the fact that the family and the person wishing to have the Defendant’s prior address; and (e) the sentencing of the court below is too heavy or unreasonable.
Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.