도로교통법위반(무면허운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, two years of suspended execution and probation) is too unreasonable.
2. At the time of the instant crime, the Defendant’s blood cocon concentration was not higher than 0.076%, and the Defendant was able not to repeat the crime in depth.
After the divorce, the defendant supports one baby and one grandparent, and is living difficult to take responsibility of the elderly's livelihood.
However, the defendant has been punished several times, including punishment for a fine due to driving without a license.
In full view of all the sentencing conditions shown in the records and arguments, including equity of the punishment imposed by the defendant who was sentenced to driving without a license and driving without a license, the age, character and conduct of the defendant, environment, etc., the sentence imposed by the court below cannot be deemed to be too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.