Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal (two months of imprisonment) by the court below is too heavy or unreasonable.
2. In light of the fact that the Defendant committed each of the instant crimes again during the suspension of execution due to the same kind of crime, as well as the majority of the criminal records in the judgment, and that the Defendant committed the instant crimes while driving a drinking or without a license, and that the Defendant, while driving a traffic accident, has caused personal and material damage, leaving the scene of the accident without taking any measures, and that the nature and circumstances of the crime are very poor, the Defendant must be punished strictly.
However, considering the fact that the defendant reflects the mistake, the fact that all victims agreed smoothly with the defendant, and all other sentencing conditions specified in the argument of this case, such as the defendant's age, sex, environment, criminal records, criminal records, background of the crime, degree of damage to victims, and circumstances after the crime, the sentence of the court below is too heavy or unreasonable.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure: Provided, That ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, the judgment below is under suspension of execution for four months of imprisonment with prison labor for a crime of violating the Road Traffic Act (non-licenseless Driving) in the support by the Daejeon District Court Seosan on April 14, 2017, and the judgment becomes final and conclusive on April 22, 2017.
“A person who has been punished for driving under drinking more than twice”.
“Correction.”