특수공무집행방해등
All appeals filed by the defendant and prosecutor are dismissed.
1. The gist of the grounds for appeal asserts that the defendant's punishment (limited to eight months of imprisonment by fine, two years of suspended sentence, two years of probation, community service, 160 hours of order to attend a lecture, 40 hours of order) of the court below is too unreasonable, and the prosecutor is too unhued and unreasonable.
2. On the other hand, even though there are two occasions the Defendant had been punished for driving under the influence of alcohol since around 2015, the Defendant, while driving under the influence of alcohol without a driver's license, has prevented the police officer from taking a drinking test, he/she is deemed to drive a motor vehicle without a police officer to be bad in the nature of such crime.
However, in full view of the following facts: (a) the Defendant is against the charge; (b) the blood alcohol content of the instant case was extremely high by 0.076%; and (c) H, the control police officer, does not want to be punished against the Defendant; and (d) all other factors of sentencing indicated in the record, such as the Defendant’s age, character, character, environment, occupation, and circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (b) it is not deemed that it is too heavy or unreasonable.
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.