도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment) is too unreasonable.
2. The fact that the judgment defendant reflects the Defendant’s depth on the crime is favorable to the Defendant.
On the other hand, the following is disadvantageous.
Before committing the instant crime, the Defendant has been punished three times prior to the instant crime or drinking driving, and there is no interval between each of the penal records.
In addition, the defendant, while driving the third drinking, was under the priority of suspended sentence due to the third drinking, was driving a motor vehicle without acquiring the third driver's license during the suspended sentence period.
At the time of the instant case, the alcohol level of the Defendant’s blood was 0.135% high.
In light of the criminal records of these defendants and the behavior of drinking driving, the risk of recidivism is very high.
Since there is a need to punish the defendant strictly.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.
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 groundless.