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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (fine 7,000,000) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. A favorable circumstance is that the Defendant’s mistake is divided and reflected, and that the Defendant’s blood alcohol level at the time of driving under the influence of alcohol in this case is not higher than 0.082%, and that the Defendant’s vehicle is scrapped and does not repeat the crime.
However, despite the past records of punishment several times for the crime of this case, the defendant repeated the crime of this case; the vehicle driven by the defendant from around 2008 to the vehicle used for the crime without a license; the court below seems to have already taken into account these circumstances; the defendant's age, character and behavior, environment, circumstances and results of the crime of this case, and all of the sentencing conditions of this case, including the defendant's age, character and behavior, the circumstances after the decision of the court below, and the circumstances after the crime of this case, are considered to be unreasonable; thus, the defendant and the prosecutor's allegation of unfair sentencing is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.