도로교통법위반(사고후미조치)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The Defendant, while driving under the influence of 0.178% alcohol level in blood and being tried for an accident, was again driving under the influence of alcohol level 0.179% in blood.
In addition, since the defendant was punished several times by drinking driving, and was sentenced to imprisonment with prison labor, and again committed the crime of this case, it is inevitable to sentence the defendant's sentence.
In addition, when considering all the elements of sentencing as indicated in the instant case, including the fact that the maximum of the statutory penalty applied to the instant case by the Defendant driving three times or more, is one year of imprisonment, it is not recognized that the lower court’s sentence of one year of imprisonment, which the lower court decided against the Defendant, is too unreasonable.
Therefore, the defendant's appeal is without merit.
3. 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. It is so decided as per Disposition.