도로교통법위반(음주운전)
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 forty hours of attending the law-abiding class) is too heavy.
2. The judgment is the sentencing factors favorable to the defendant that the defendant recognized his criminal act and reflected his blood alcohol concentration as 0.063%, and that the blood alcohol concentration as 0.063% does not lead to an accident of drinking driving.
However, the defendant has already been punished five times due to drinking driving, and the act of drinking driving is highly likely to cause harm to the life and body of others as well as himself/herself, and it is an unfavorable sentencing factor against the defendant.
In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, economic situation, family relation, etc., the sentence of the court below is 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.