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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The judgment of this case is recognized that the defendant was driving on an expressway with alcohol or non-license, which is highly dangerous, the alcohol level of the blood alcohol level of this case is 0.121%, the drinking driving of this case is in need of strict punishment as well as that of other people's life. The defendant has already been punished two times by a fine due to drinking and non-licensed driving, and the defendant has already been punished three times a total of three times a suspended sentence, including one time a suspended sentence of imprisonment due to his/her external driving, and in particular, he/she has been sentenced to two years a suspended sentence of imprisonment for eight months for a drunk driving on October 20, 2018, which became final and conclusive on August 20, 2018, and that the crime of this case was committed during the suspended sentence period, and that the crime of this case, including two times a suspended sentence of imprisonment, was further punished on eight times in total.
However, it is also recognized that the defendant recognized the crime of this case and reflects the crime of this case, there are no criminal records, and there are the wife and children to support.
In addition, comprehensively taking account of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.
3. In conclusion, the appeal filed 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.