도로교통법위반(음주측정거부)등
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that the sentencing of the court below (seven months of imprisonment) is too unfasible, and the prosecutor is too unfasible and unfair.
2. The judgment defendant has been punished several times due to the violation of the Road Traffic Act (driving) and has committed another crime during the suspension period of the execution of imprisonment due to the same kind of crime.
Due to Defendant's drinking and unlicensed driving, traffic accidents have occurred.
On the other hand, the defendant recognized a mistake and reflects it, and scrap his own car, etc., so that he will not drive it again.
In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.
3. The appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.