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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant was at the time of committing the instant crime with a physically handicapped person with a disability of the first degree, and was against his wrongness, and the distance of drinking driving is only 2 km, the lower court’s punishment (six months of imprisonment) is too unreasonable.
B. Considering the fact that the Defendant, who had been punished four times, including a suspended sentence due to the same crime as the instant case, committed the instant crime of drinking alcohol, committed the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable.
2. In light of the aforementioned circumstances asserted by the Defendant and the Prosecutor, the lower court appears to have determined the sentence, taking into account the overall consideration of the following circumstances, and there is no special change in circumstances that could change the sentencing after the sentence of the lower judgment, the lower court’s sentence is too heavy or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per