도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below against the defendant on the summary of the grounds for appeal is too unreasonable (the imprisonment of eight months and the suspension of execution of two years, the order to attend a law-abiding driving lecture for forty hours, and the order of community service for one hundred and twenty hours).
2. Although there are circumstances that may be considered in light of the circumstances, such as where the Defendant recognized all of the instant crimes, the lower court appears to have determined punishment after fully taking account of such circumstances into account, and even considering all the sentencing conditions shown in the instant pleadings, such as the Defendant’s character and behavior, and the motive for committing the crime, the lower court’s punishment seems to be too excessive and unfair (in particular, the Defendant requests exemption from community service order, but, considering the Defendant’s criminal records, the community service order is necessary for the Defendant when considering the Defendant’s criminal records, and community service hours ordered by the lower court do not seem to be excessive). Accordingly, the Defendant’s assertion is without merit.
3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is without merit. It is so decided as per Disposition.