도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserts that the defendant is too unreasonable due to the defendant's punishment (six months of imprisonment with prison labor) of the court below, and the prosecutor asserts that it is too unfied and unfair.
2. The following are circumstances: (a) the Defendant reflects the crime; (b) the Defendant did not have any history of punishment exceeding the fine prior to the instant crime; and (c) the Defendant’s social ties, such as the Defendant’s birth of his family members and branch members, appears to clearly have been punished for the same kind of crime; (d) the Defendant had been tried at an appellate trial on April 5, 2018 due to a violation of the Road Traffic Act (driving) which became final and conclusive by the judgment as of April 5, 2018; and (e) the Defendant again committed the instant crime, which is disadvantageous to the Defendant.
In light of the above circumstances and other circumstances, the crime of this case is deemed unfair because of the following factors: (a) the punishment of the defendant, including the following facts: (b) the crime of violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licenseed driving); and (c) the concurrent crimes of violation of the Road Traffic Act (non-licenseed driving); and (b) the latter part of Article 37 of the Criminal Act need to be determined at the same time in consideration of equity with the case where the judgment is rendered at the same time; (c) the sentence of the defendant’s health, age, sexual behavior, environment, family relationship
Therefore, the above argument by the defendant and the prosecutor is 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.