도로교통법위반(음주운전)등
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. On the other hand, the Defendant is against the charge and is not driving immediately after drinking, while recognizing the charge.
However, among the blood of this case, alcohol concentration is considerably high as 0.176%, and the defendant committed the crime of this case during the suspended execution period due to driving without a license for drinking, etc., and the defendant has already been punished five times due to driving without a license for drinking, etc.
In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.
3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.