도로교통법위반(음주측정거부)
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 following: (a) there is no significant change in the conditions of sentencing compared to the lower court’s given that no particular new sentencing data was submitted in the trial; (b) the reason for sentencing revealed in the proceedings of the instant case (such as the fact that the Defendant is against the Defendant; and (c) there was a history of having been punished several times for the same crimes as favorable to the circumstances in which the Defendant was committed in the course of the instant pleadings; and (d) each of the causes for sentencing revealed in the course of the instant pleadings, including the fact that the Defendant was placed before the suspension of execution in 2012 and 2015; and (d) the lower court
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