도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. On the other hand, the defendant asserts that the defendant's punishment of the lower court (ten months of imprisonment with prison labor) is too excessive and unfair, while the prosecutor filed each appeal by asserting that it is unfair (the prosecutor stated that the defendant should be punished by imprisonment with prison labor for two years). 2. Determination on the ground that the defendant again sells a vehicle operated by the defendant while not driving alcohol, and that there is no record of criminal punishment heavier than that of the previous imprisonment with prison labor, is an element for sentencing favorable to the defendant.
However, even though the defendant is under suspension of the execution due to drinking, he/she has been driving under the influence of alcohol 0.073% while he/she is under suspension of the execution, and is likely to repeat the crime due to the past seven criminal punishment due to a drinkingless license, so it is inevitable to sentence the defendant simultaneously.
In addition, considering the sentencing conditions in this case, such as the defendant's age, sex, environment, etc., the punishment determined by the court below against the defendant is within the reasonable scope of discretion, and it is not recognized that it is unfair because it is too heavy or unbrupt.
Therefore, the defendant and prosecutor's argument of sentencing is without merit.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.