Defendant

All appeals by prosecutors are dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment) is too heavy or (the Defendant) is too heavy.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment and the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant is against the lower court and is raising minor children.

However, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for a crime of this type and committed each of the crimes of this case during the suspended sentence.

Prior to each of the crimes of this case, the records of punishment for a fine for driving under drinking are four times, and in particular, after being prosecuted for a crime of driving under drinking on September 23, 2019, he/she again committed a crime of drinking and driving without a license on March 10, 2020, and again committed a crime of driving under drinking and driving without a license

I would like to say.

In the court below, considering the above circumstances, the punishment is determined and there is no special change in the sentencing conditions in the court below.

In full view of such circumstances as the Defendant’s age, sexual conduct, environment, family relationship, circumstances, and outcome of the crime, and all the sentencing conditions as shown in the pleadings, such as the circumstances after the crime is committed, the lower court’s punishment is too heavy or less.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit