Defendant

All appeals by prosecutors are dismissed.

1. The circumstances favorable to the defendant are as follows: (a) the fact that the defendant's judgment as to the grounds for appeal is made that he/she will not drive the crime of this case again in depth through his/her prison life for about five (5) months; and (b) the blood alcohol concentration (0.106%) did not have a high drinking level.

However, there are records that the defendant was sentenced to three times of fine and three times of suspended execution due to the same crime, and in particular, the crime of this case was committed during the period of suspended execution, and as the crime of this case was examined by the suspect before detention, the fact that the defendant escaped without attending the examination date is disadvantageous to the defendant.

Considering the above circumstances and the Defendant’s age, character and conduct, career, environment, the background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the commission of the crime, the lower court’s imprisonment (eight months) cannot be deemed to be too light or unreasonable.

2. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.