도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The judgment of the defendant voluntarily surrenders to the crime of this case, and is against the law, and the fact that the defendant suffers from stimulative dynamic disorder is favorable to the defendant.
On the other hand, the following is disadvantageous.
The defendant's blood alcohol concentration (0.148%) is high, and the drinking driving section is considerably 10km.
The Defendant was punished twice as a drinking-driving.
(two times of imprisonment, one suspended sentence, three times of fine). After being arrested at the investigation stage, the circumstances after the crime are not good, such as the failure to appear at the court of the original instance.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, environment, and other various sentencing conditions shown in the instant records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is not deemed to be 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 since it is without merit. It is so decided as per Disposition.