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 (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. In light of the fact that the Defendant had two or more criminal records, including those of the same kind, and that the Defendant repeated the crime within a short period (in particular, after being prosecuted on November 14, 2016 due to drinking or driving without a license on November 29, 2016, it is necessary to strictly punish the Defendant.
However, in full view of the following facts: the Defendant’s mistake was divided by the Defendant; the Defendant did not have any criminal record of probation or heavier; the Defendant’s age, sex and environment; the motive, means and consequence of the Defendant’s crime; and various sentencing conditions as shown in the instant argument, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; it is deemed that the sentence imposed by the Defendant is too heavy or unreasonable; and thus, the Defendant and the Prosecutor’s assertion are without merit.
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.