도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. As to the summary of the grounds for appeal, the Defendant asserts that the Defendant is too unfasible to the sentence of the lower court (eight million won in penalty) and that the prosecutor is too unfased and unfair, respectively.
2. On the other hand, the Defendant had four times the history of punishment for driving under drinking, and committed the instant crime during the suspension period of execution due to driving under influence without a license, and it is recognized that the alcohol content in the instant blood is higher than 0.191%.
However, in full view of all kinds of sentencing conditions on the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, including the fact that the Defendant, who recognized the facts charged, sells the vehicle operated by the Defendant, and receives treatment for alcohol addiction, etc., the Defendant’s punishment imposed by the lower court is deemed appropriate, and is not deemed unfair because it is too heavy or unbrupted.
3. As such, the appeal by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.