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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.
The favorable normal circumstances: (a) the circumstances that are disadvantageous to the victim's injury is not severe: (b) one time of drunk driving, two times of punishment due to refusal to measure alcohol, and there are records of punishment for violent crimes; (b) each of the crimes of this case during the suspension of execution due to the violation of the Road Traffic Act (Refusal to measure alcohol); (c) the degree of blood alcohol level of the crime of violation of the Road Traffic Act (driving) is very high; (d) the defendant was not able to receive a letter from the victim of the crime of bodily injury; and (d) the defendant was led to a confession of all of the crimes of partially denied injury at the court below; and (e) the defendant was partly responsible for the crime of the injury of this case. However, the court below's determination that the above defendant's previous records of the crime of this case, the degree of violence was not obtained from the victim; and (e) the amount of punishment of the crime of this case was excessive; and (e) the court below's determination that the punishment of the crime of this case exceeded reasonable discretion or its maintenance of sentencing.
Therefore, the defendant and the prosecutor's argument are not accepted.
3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.