도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The sentencing of the lower court (six months of imprisonment) is too large and unfair.
2. The judgment of the Defendant has a record of being punished several times for the same type of crime, such as drinking and unlicensed driving, and among which, the Defendant did not take any measures to have the victim die due to a traffic accident while driving under drinking and also includes the record of being sentenced to a suspended sentence of two years and six months for an escape.
The alcohol concentration in blood at the time of driving the instant drinking is considerably high by 0.185%.
In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, 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, the sentencing of the lower court is not unfair.
3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.