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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (two years of suspended sentence for one year of imprisonment, 80 hours of community service order, and 40 hours of lecture order for compliance driving) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The judgment of the Defendant had the record of punishing the Defendant for a violation of the Road Traffic Act five times or more due to a fine. In particular, even though the Defendant had been sentenced to suspended sentence on October 18, 2013 before the instant crime, the Defendant committed the instant crime of drinking, which was committed by blood alcohol concentration at the time of the instant crime, was not lower than 0.118%, and the instant crime is disadvantageous to the Defendant. The Defendant committed the instant crime, such as the fact that the driver of another vehicle who was suspected of having a defect in driving, such as sudden down, mosing, and central bed, who was at the time of the instant crime, was at the time of the instant crime, at a disadvantage of the Defendant by making a 112 report after the driver of the instant vehicle stops along the Defendant’s vehicle.
However, the fact that the defendant recognizes the crime of this case and reflects on the fact that he is living together with his parents economically, and the vehicle of this case is supported by the business of the defendant, and the defendant does not drive under the influence of alcohol again.
It is favorable to the defendant.
In full view of other circumstances that are conditions for sentencing as indicated in the records, such as the Defendant’s age, sex, family relationship, environment, and circumstances after the commission of the crime, since the sentence imposed by the lower court is too uneasible or too unreasonable, the Defendant and the Prosecutor’s assertion cannot be accepted.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.