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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 (the imprisonment for eight months, the suspension of the execution of two years, the community service order 120 hours, and the order to attend a compliance driving lecture 40 hours) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. We examine the reasoning of the judgment and the prosecutor together.
The Defendant had already been punished once due to drinking driving, and the Defendant committed the instant crime on April 27, 2018, since it was issued a summary order of KRW 3 million due to drinking driving on April 27, 2018, and it has not yet been issued, and thus, committed the instant crime, such as refusing to comply with a police officer’s request for drinking alcohol measurement, and forging and using a report on the circumstance of drinking drivers and a report on the results of the crackdown on drinking driving, etc., and thus, committed the instant crime.
However, it is also recognized that the Defendant recognized all of the instant crimes and reflected against the Defendant, the Defendant did not have any criminal record other than the punishment imposed once a fine, the Defendant was a student in the third year of college, and the Defendant’s senior citizen wanted to take the Defendant’s prior action.
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.