도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.
It seems that social ties, such as the application of the defendant's wife to the defendant, seems relatively clear.
Unfavorable circumstances: the defendant committed the crime of this case without being aware of the fact that he was under suspension of execution due to the same crime.
There are many records that the defendant was punished for the same crime.
The sentencing criteria are not set for the crimes of violation of Road Traffic Act and the violation of Road Traffic Act (unlicensed driving), which are shown in the arguments and records of this case, including the above favorable circumstances, unfavorable circumstances, the age, character and behavior environment of the defendant, the motive means of the crime, the circumstances after the crime, etc.
In full view of the above, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.
3. 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.