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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (six months of imprisonment) is too unreasonable.
B. Fact-finding 1: On March 23, 2015, on which the judgment of the court below rendered a verdict of not guilty: (a) on driving alcohol at around 16:52 on March 23, 2015, the Defendant stated that he drinks at the village hall from March 10, 2015 to 14; (b) the Defendant’s vehicle between the time of driving at the home of the victim (16:52 around 16:52) and the time of driving thereafter (17:30 around 17:30). In light of the relationship between the Defendant and the victim, the Defendant’s statement made by K and village residents falls short of credibility, and thus, the judgment of the court below acquitted the Defendant of the facts charged that the Defendant driven at around 0.105% of alcohol alcohol at the time.
2) Improper sentencing: The lower court’s sentence is too unhued and unreasonable.
2. Determination
A. (1) On March 23, 2015, the summary of the public prosecutor’s argument that the Defendant was guilty of the facts of the public prosecutor, the Defendant driven a car in the E Spo-type under the influence of alcohol content of about 0.105% at approximately 75 meters from the Defendant’s workplace located in G on March 23, 2015 to the Defendant’s house located in G during Naju-si from the day before the Defendant’s workplace located in G to the house of the victim located in C in Naju-si.
2) According to the evidence submitted by the prosecutor (a community resident H, I, and J's statement, on-site photographs, recording records), the court below held that the defendant is deemed to drive a soft vehicle as shown in the above facts charged under the influence of alcohol, but ① community residents K stated that "the defendant's arrival at the village hall around 17:00 and then divided him into two to thirty minutes for drinking with village residents and divided him/her into two to thirty minutes for drinking," ② community residents' joint signature, stating that "the defendant was under the control of drinking so that he/she would drink while drinking at the village hall," and ③ the victim is also driving drinking.