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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 (one year of imprisonment) 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.
It is recognized that the defendant recognized the crime of this case and brought up against the defendant, and that the defendant's family and family members are suffering from depression and alcohol dependence, and that the defendant's family and family members want to leave the ship.
However, the defendant has already been sentenced to a fine once due to a non-driving without a license, one-time fine due to a non-driving refusal, two-time fines due to a non-licensed driving, and two-time fines due to a repeated crime during the repeated crime, and the crime of this case during the repeated crime is committed, and the revised Road Traffic Act has strengthened criminal punishment by raising the statutory punishment for the crime, which may cause serious harm to the life and body of others as well as himself/herself, it is necessary to remove the defendant's habitive behavior and impose criminal punishment corresponding to the repeated crime in order to improve the attitude toward the road traffic order. In this case, it is recognized that the blood alcohol concentration is not lower than 0.096% and that the blood alcohol level has also been refused to measure the alcohol level.
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.