Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) did not drive a vehicle under the influence of alcohol at the time and place stated in the facts charged of the instant case, and did not damage a vehicle owned by another person that was parked.

B. The prosecutor (unfair sentencing)’s sentence (one million won in penalty amount) sentenced by the lower court is too unhued and unfair.

2. Determination

A. As to the Defendant’s assertion, the lower court also asserted as above in the trial, and the lower court determined that the Defendant was guilty of the instant facts charged by comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and investigated.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In full view of the Prosecutor’s argument in this case’s argument and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including various reasons for sentencing asserted by the Prosecutor, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.