Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of KRW 5 million) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The Defendant had a record of having received juvenile protective disposition several times due to a licenseless driving in the past. In particular, on December 27, 2012, the Suwon District Court sentenced two years of probation to one year and six months of imprisonment due to a drunk driving, etc. at the Suwon District Court, which became final and conclusive on January 4, 2013, and repeated the crime of drinking driving in the instant case during the period of probation, which was disadvantageous to the Defendant.

On the other hand, the fact that the defendant was aware of the crime of this case and was in violation of depth, and that there was no record of punishment for drinking driving except for those punished as a suspended sentence, etc. are favorable to the defendant.

In light of the above circumstances, if all circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, are taken into consideration, the sentence of the lower court is deemed appropriate, and it cannot be deemed that the Defendant’s and the prosecutor’s assertion are too heavy or unreasonable. Thus, all of the arguments by the Defendant and the prosecutor are without merit.

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