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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The Defendant was punished three times by a fine of 1.5 million won and a fine of 5 million won and a fine of 5 million won due to drinking driving in 2013, by six months of imprisonment in 2014, and by two years of suspension of execution. The Defendant included the instant crime, all drinking driving took precedence over three years from 2013 to 2015, and, in particular, again committed the instant crime during the period of suspension of execution, again committed the instant crime. As such, it is difficult to expect the Defendant to repent the Defendant’s wrong and not repeat the instant crime due to a fine or a suspended execution, such as the existing one, and it is inevitable to sentence the Defendant as a sentence.
On the other hand, there are extenuating circumstances against the Defendant, such as the Defendant’s confession of criminal facts and reflects on the Defendant’s blood content at the time of the instant case 0.098%, and the fact that there was no other criminal record than the aforementioned drinking driving record, etc.
The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the circumstances surrounding the sentencing of the Defendant within the scope of the sentencing guidelines, and determined the punishment within the reasonable scope.
In addition, there is no circumstance that can be newly considered in the court room. Therefore, the court below's punishment is too heavy or it is not deemed unfair because it is too heavy.
3. If so, the appeal by the defendant and the prosecutor is without merit. Thus, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.