도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (eight months) of the original judgment is too unreasonable.
2. The judgment below is reasonable in full view of the following factors: (a) the defendant's disposal of a motor vehicle operated by the defendant does not repeat the crime; and (b) the defendant must support his/her children with poor condition and elementary school students; (c) the defendant has been punished four times for the same type of crime (the two times of the occurrence of a traffic accident during driving under the influence of alcohol, which led to a suspension of the execution of imprisonment by the defendant two times); (d) the drinking water of this case (0.234%) is considerably high; and (e) the occurrence of a traffic accident during driving under the influence of alcohol; and (e) other factors of sentencing in this case including the defendant's age, character and behavior, occupation and environment, circumstance and consequence of the crime; and (e) circumstances after the crime.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.