도로교통법위반(음주운전)
The defendant's appeal is dismissed.
The main reason for appeal is that the sentence of the lower court (two years of suspended execution for six months of imprisonment, one hundred and sixty hours of community service, and forty hours of lecture of compliance driving) is too unreasonable.
Judgment
It is recognized that the defendant drives a 2m only at a parking lot in a restaurant.
However, the Defendant was punished four times due to drinking driving, and was already sentenced to suspended sentence due to drinking driving in 2008 and 2011, and again committed the instant crime. At the time of committing the instant crime, the Defendant was driving in a state of drinking alcohol concentration of 0.198% at the time of committing the instant crime, and eventually, another vehicle and accident occurred.
In addition, comprehensively taking into account all the factors of sentencing as shown in the pleadings of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.
Therefore, the defendant's argument of sentencing is without merit.
Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.