도로교통법위반(음주운전)등
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that the summary of the grounds for appeal is too unreasonable because the punishment sentenced by the court below (six months of imprisonment) is too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.
2. The judgment is a favorable condition to the defendant that the defendant led to confession of facts constituting a crime and reflects the fact that the defendant's operation is 110cc.
On the other hand, even though the Defendant had been sentenced to a fine of KRW 3 million due to a drunk driving in 2010 and a fine of KRW 2 million due to a drunk driving in 2013 and was sentenced to a two-year suspended sentence in 2013, he again committed the instant crime, and even if he had been sentenced to a two-year suspended sentence, he/she again committed the instant crime. At the time of the instant crime, the Defendant’s blood alcohol concentration is very high to 0.23
In full view of these circumstances and other circumstances, including the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, etc., the sentence imposed by the lower court is too heavy or unreasonable, and thus, it does not seem that the Defendant and the prosecutor’s allegation of unfair sentencing is unreasonable. Therefore, the Defendant and the prosecutor’s allegation of unfair sentencing is rejected.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.