Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence (5 million won of a fine) imposed by the lower court against the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The Defendant had a record of having been punished several times due to drunk driving, and the instant crime was committed on June 17, 201 after being sentenced to imprisonment with prison labor for the same crime on the same crime on June 17, 201, and was committed during the suspension period of execution, etc. that is disadvantageous to the Defendant.

On the other hand, according to the records, it seems that the defendant, while getting a proxy driver on board a vehicle, has been driving the vehicle on the road where the article is congested at the end of the dispute. Thus, considering the motive for the crime, the fact that the defendant is against his mistake, etc., the above circumstances are favorable. In light of all the sentencing conditions in the argument of this case, such as the defendant's age, character and behavior, family environment, it cannot be deemed that the sentence of the court below is too heavy, or that the defendant and the prosecutor's above assertion are too unjustifiable and unreasonable. Thus, the above argument of the defendant and the prosecutor are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.