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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal asserts that the sentence imposed by the court below (eight months of imprisonment) is too unaffortable and unfair, and the prosecutor asserts that the above sentence is too unaffortable and unfair.
2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.
The court below determined the punishment against the defendant in consideration of the circumstances unfavorable to the defendant, such as the defendant's favorable time to the defendant, such as the fact that the defendant was aware of and reflects on the crime, and the fact that the defendant was punished for driving under drinking three times, and the defendant committed the crime in this case during the suspension period, etc., and there is no change in sentencing conditions that could change the sentence of the court below in the trial.
On September 8, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (drinking driving) on August 8, 2016, but the said judgment became final and conclusive. As such, the Defendant committed the instant crime of driving the same vehicle without a driver’s license in the state of drinking alcohol concentration of 0.123% during blood.
As such, strict punishment is required for the defendant's act, which has shown the attitude of lightizing the law.
However, considering the fact that the above suspended sentence should be invalidated and the sentence of this case should be combined with the term of this case, the sentencing of the court below seems to be appropriate, and it cannot be deemed to be too weak or too unreasonable.
Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.