도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. It is recognized that the Defendant’s deep reflects on the instant crime, the driving distance of the instant drinking is relatively short, there are circumstances to take account of the circumstances leading to the instant crime, the driving of the drinking, the fact that the Defendant did not cause a traffic accident, the support for two children living together with his spouse, and the fact that the Defendant’s social ties relationship is obvious.
However, in full view of all the circumstances, including the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable, as it is too unreasonable, considering the following: (a) the Defendant committed the crime of drinking in this case without being aware of, and without being aware of, the suspension period due to the same criminal conviction; (b) the driving of drinking is a crime that may cause serious harm to an unspecified person; (c) the degree of social risk is considerably high; (d) the Defendant’s blood alcohol concentration at the time of the crime in this case was not minor at 0.19%; and (e) the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime
Therefore, 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.