도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The judgment of the Defendant is favorable to the point that he made a confession of each of the instant crimes and reflects his mistake in depth.
On the other hand, the defendant can have been punished for the same crime, and the alcohol concentration of the defendant's blood at the time of each crime of this case is 0.340% and 0.121%, and the defendant committed the crime of paragraph (2) of the judgment of the court below while being investigated into the crime of paragraph (1) of the judgment of the court below.
In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of each of the instant crimes, the circumstances after the commission of the crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or it is deemed unfair as it is fluent. Thus, the Defendant
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.