도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. Not only can the Defendant have been punished for driving alcohol, but also the Defendant committed the instant crime under the suspension of execution after being sentenced to a suspended sentence of three years for the same crime in the branch court of the Daegu District Court on November 14, 2014. In light of the following: (a) the blood alcohol concentration at the time of the instant crime was committed; (b) the blood alcohol concentration at the time of the instant crime was significantly higher than 0.175%; and (c) the distance operated under the influence of alcohol was not shorter than 5km; and (d) other various circumstances, including the Defendant’s age, environment, occupation, family relationship, the background leading to the instant crime, and the circumstances leading to the instant crime, etc., the Defendant’s sentence imposed by the lower court is unreasonable.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.