도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspension of execution, observation of protection, community service 40 hours, and forty-hour lecture of compliance driving) is too unreasonable.
2. It is recognized that, in addition to the punishment of a fine, the defendant is divided and reflected by mistake, the driving distance is relatively short, the traffic accident has not occurred, and the defendant is not guilty.
However, despite the fact that the defendant had already been punished four times due to drinking driving, he/she is driving again, and the degree of criticism is relatively high in terms of alcohol concentration at the time of crime.
In full view of the above circumstances and other conditions of sentencing as shown in the records and arguments, such as the character and conduct, the environment, and the circumstances after the crime, and the circumstances where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), etc., the lower court’s punishment is too unreasonable.
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.