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. Circumstances favorable to the defendant are as follows.
The defendant confessions the crime of this case and repents.
At the time of the instant crime, the Defendant’s blood alcohol concentration at 0.076% was low.
Circumstances unfavorable to the defendant are as follows:
The Defendant committed the instant crime on May 22, 2015, which was released on May 22, 2015 when he/she was sentenced to imprisonment for eight months for the same kind of crime in 2015, and was committed during the period of repeated crime after the parole period expired on June 17, 2015.
In addition, the defendant has been punished by the fine of around 2005, around 2006, around 2008, around 2008, around 201, and the same crime of around 2013.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s sentence that has been mitigated is too unreasonable.
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.