도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. The fact that the defendant recognized his mistake and reflected his mistake is favorable to the defendant.
However, if the defendant had a record of being punished twice due to drinking (the frequency of drinking driving is three times) and the defendant's drinking again without being aware that he had been in a probation period due to drinking driving, and if the defendant's drinking value is less than the amount of drinking, the defendant's age, sexual behavior, environment, motive for the crime, and circumstances after the crime, etc. are taken into account equally, the court below's punishment is too excessive and unfair, and thus, the defendant's assertion is not acceptable.
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 groundless.