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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of the lower court (three years of suspended execution for one year of imprisonment, 160 hours of community service order, and 80 hours of order to attend a compliance driving) is too unreasonable.
B. The above sentencing of the prosecutor’s court below is too unfortunate and unfair.
2. In light of the favorable circumstances such as the Defendant’s perception of his mistake and the Defendant’s blood alcohol level at the time of the instant case, and the fact that the Defendant committed the instant crime even though he had been punished several times due to drinking driving, etc., the Defendant’s blood alcohol level at the time of the instant case, and other circumstances, which are the conditions for sentencing specified in the instant argument, such as the distance driven by the Defendant at the time of the instant case, the motive and means of the instant crime, the consequence of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, etc., are too heavy or unreasonable.
3. According to the conclusion, the appeal filed by the defendant and the prosecutor is all groundless and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act