도로교통법위반(무면허운전)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal by the Defendant is too unreasonable.
2. Determination as follows: (a) the risk of driving without a license for alcohol is realized; and (b) the Defendant has not caused a traffic accident; and (c) the Defendant is in profoundly against the Defendant’s wrongness while committing the crime.
Meanwhile, the Defendant’s alcohol content at the time of committing the instant crime reaches 0.112%, and the Defendant is judged to have significantly high risk of repeating the instant crime by repeatedly committing each of the instant crimes during the period of repeated crime despite having been punished several times as the same crime. In full view of the Defendant’s work relationship, economic situation, age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment appears to be reasonable and appropriate, and is not unreasonable, considering all the sentencing conditions indicated in the instant argument, such as the Defendant’s workplace, economic situation, age, sex, environment, motive, means and consequence of the instant crime, etc.
Therefore, the defendant's above assertion is without merit.
3. As such, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and is so decided as per Disposition (see, e.g., Supreme Court Decision 25(1) of the Regulation on Criminal Procedure; Supreme Court Decision 25(1) on the criminal records of all the “criminal facts” of the lower judgment, the Defendant was sentenced to a summary order of KRW 5 million by the Changwon District Court on July 6, 2009, due to a violation of Road Traffic Act (e.g., drinking), etc.; on September 13, 2013, the Busan District Court sentenced 10 months to imprisonment with prison labor for a violation of Road Traffic Act (e., drinking), and completed the execution of the sentence at the Changwon District Court on August 23, 2014; and on May 27, 2014, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of Road Traffic Act (e., drinking).
Article 37 of the Criminal Act provides that “Aggravated Punishment of Concurrent Crimes” in the judgment of the court below shall be aggravated.