도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. That the defendant is against the judgment and he/she does not drive drinking again;
It is favorable to the defendant.
On the other hand, the following is disadvantageous.
The defendant is under the influence of criminal punishment for three times as well as the punishment for three times due to driving of alcohol.
The Defendant was sentenced to a punishment due to driving of drinking, and was tried to drive the drinking of this case again during the period of repeated crime.
At the time of the instant case, the alcohol concentration among the blood of the Defendant was considerably high by 0.155%.
In light of the criminal behavior of the defendant, since the defendant seems to have repeated drinking without any particular awareness, it is necessary to severely punish the defendant.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.