도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the lower court’s punishment (for six months of imprisonment, two years of suspended sentence, and 40 hours of an order to attend a compliance driving) is too unreasonable.
2. Determination
A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, the short distance of drinking driving, and the occurrence of human and material damage.
B. However, in full view of the following circumstances: (a) the Defendant was driving under the influence of alcohol with a alcohol content of 0.132%; (b) the Defendant was sentenced twice due to driving under drinking; (c) the Defendant was sentenced twice due to driving under the influence of alcohol; and (d) the driving of drinking brings about a serious danger to the life and body of other persons as well as the driver; (b) there is no special change in circumstances after the issuance of the lower judgment; and (c) there is no change in circumstances after the issuance of the lower judgment; and (d) other circumstances that form the conditions for sentencing specified in the instant argument, such as the Defendant’s age, background of the crime, and circumstances after the crime,
Therefore, the defendant's above 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.