도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (one year of imprisonment), and that the prosecutor is too unfased and unfair.
2. It is recognized that the Defendant was committed in a manner that leads to a traffic accident, and that the Defendant did not repeat the crime while disposing of the vehicle used for the crime.
However, in full view of all the sentencing conditions, including the Defendant’s age, sexual behavior, environment, occupation, and circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it is not deemed unfair because it is too heavy or unfeasible, even though the Defendant has already been punished five times or more for the same type of crime, and in particular, even during the suspension period of execution due to the same kind of crime, the alcohol level at the time of the crime is higher than 0.171%.
3. The appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.