도로교통법위반(음주운전)등
Defendant
The appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) of the original judgment (two months of imprisonment) is too unreasonable.
Judgment
It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the fact that human and physical damage was not caused by the instant crime; and (c) there was no record of punishment as a sentence until now.
However, the crime of this case is not deemed to be unfair in full view of all the sentencing conditions, including Defendant’s age, character and behavior, environment, circumstances before and after the crime, etc., and all of the sentencing conditions, such as Defendant’s age, character and behavior, and environment, the crime of this case, and the circumstance before and after the crime, are considered to be too unreasonable in the court below’s sentence, in light of the following: (a) the Defendant driven a car under the influence of alcohol level of 0.170% without a driver’s license; (b) the Defendant stopped the vehicle on the road while driving of this case; (c) the Defendant was punished several times for the same kind of crime; and (d) the Defendant committed the crime of this case
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.