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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The defendant asserts that the reasons for appeal are too unreasonable because of the punishment sentenced by the court below (eight months of imprisonment), and the prosecutor asserts that it is too unfasible and unfair.
2. It is recognized that the judgment defendant led to the confession of facts constituting a crime and reflects on the fact, and that it is not discovered in traffic accidents.
On the other hand, the Defendant again committed each of the instant crimes even though he/she was sentenced to a fine of KRW 2 million due to driving without a license in 2007, KRW 200,000, KRW 2 years of suspended sentence in February of 201, and KRW 3 million due to driving without a license in 2012, and was sentenced to a fine of KRW 3 million due to driving without a license in 201, and he/she again committed each of the instant crimes. In particular, the Defendant again repeated driving without a license on December 23, 2015, even though he/she was under the control of driving without a license in December 5, 2015. At the time of each of the instant crimes, the Defendant’s blood alcohol concentration in the Defendant’s blood alcohol level is considerably high to 0.192% and 0.115%.
In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive, and circumstance before and after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or is deemed unreasonable as it is too low, and thus, the argument that the sentencing of the Defendant and the Prosecutor is unfair is rejected.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.