도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.
2. That the defendant is against the judgment and he/she does not drive drinking again;
It is favorable to the defendant.
On the other hand, the following is disadvantageous.
The defendant has a record of criminal punishment on three occasions due to driving of alcohol.
At the time of the instant case, the alcohol concentration of the Defendant’s blood was significantly high by 0.189%.
The driving of this case caused a traffic accident.
The crime of this case was committed without being aware of during the period of repeated crime.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion 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.