도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.
2. The judgment of the defendant recognized the crime and reflected the mistake, and thus, he will not drive under the influence of alcohol in the future.
The defendant shall support the mother, wife, and two children.
These circumstances are favorable to the defendant.
However, the defendant has been punished several times due to the crime of drunk driving.
In particular, in 2007, the two-year suspended sentence was sentenced to imprisonment for the crime of drunk driving, and in 2008, the five-month sentenced to imprisonment for the crime of drunk driving.
Since the execution of the above punishment was not more than three years, the defendant committed the crime of this case and constitutes a repeated crime.
The blood alcohol concentration level of the instant case is 0.112% higher.
These circumstances are disadvantageous to the defendant.
In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.
3. 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.