도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant confessions the crime of this case and repents his mistake through the life of custody of two months or more, and the defendant has the same criminal records but has no record of driving without driving alcohol for about five years after 2008. In light of the fact that the defendant has no record of driving without driving alcohol, the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.
2. Taking into account the circumstances alleged by the Defendant, even in the past, the Defendant drives a motor vehicle under the influence of alcohol at 0.135% without obtaining a driver's license even though he/she had the past history of having been punished several times due to the violation of the Road Traffic Act (three times of imprisonment and of a fine) or the violation of the Road Traffic Act (three times of imprisonment), and without obtaining a driver's license, and even though he/she was punished several times as above, the Defendant does not have obtained a driver's license so far. The drinking driving is a crime that may cause damage not only to individuals, but also to other lives and property, and requires strict punishment by reflecting the purpose of the revision of the Road Traffic Act. In light of the above records of the Defendant, it is difficult for the Defendant to expect the effect of the prevention of drinking and non-licensed driving to the Defendant, and the Defendant's character, nature and environment of the Defendant, the background and result of the instant crime, and circumstances in the record and oral proceedings after the instant crime, and thus, the Defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.