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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The Defendant was sentenced to a fine of KRW 1.5 million and a fine of KRW 4 million for each of the crimes of violating the Traffic Act on or around April 2012 and around May 2013, and was sentenced to a suspended sentence of two years on or around August 2014 due to a violation of the Traffic Act (driving) on or around the road and a violation of the Traffic Act (non-licenseless driving) and was sentenced to a suspended sentence of two years on or around March 2017, the Defendant again committed the instant drinking and non-licensed driving on or around March 2017; the Defendant’s alcohol level was 0.168% among the Defendant’s blood level at the time of the instant case; and the Defendant caused a traffic accident that causes other vehicles parked at the time of the instant case, there is a high need to punish the Defendant.
However, the defendant does not drive a drinking or a non-licensed driving in his or her misunderstanding of his or her mistake.
In full view of the following facts: (a) the Defendant’s wife, who is a Korean national of the Monmon, was fluoring the Defendant’s wife on the ground of the support of the Defendant’s children (2010, 2011 birth); and (b) the Defendant’s age, sexual and sexual behavior, environment, motive, means and consequence of the crime; and (c) various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) it is deemed that the sentence imposed by the Defendant is too heavy or unreasonable; and (e) the Defendant and the Prosecutor’s assertion are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.