Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Each prosecutor appealed to the effect that the Defendant is too uneasible to the summary of the grounds for appeal (e.g., a fine of 20 million won) sentenced by the lower court, with the purport that the Defendant is too unreasonable.
2. We also examine the argument of unfair sentencing by the defendant and prosecutor.
The defendant has been punished five times or more for drinking driving (including two times a suspended sentence of imprisonment). However, the fact that the blood alcohol concentration is very high at the time of the crime of this case is disadvantageous to the defendant.
On the other hand, while the distance of the defendant's vehicle when committing the crime of this case is short, it is favorable to the defendant that the defendant was punished for the same kind of crime and five years have passed since the crime of this case was last committed.
As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.
In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and records and arguments of the case, it is not deemed that the sentence of the court below against the defendant is too minor or unreasonable.
3. The appeal filed 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.