도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. In light of the gist of the grounds for appeal (unfair sentencing) and the background leading up to the commission of the crime, the sentence of “a prison term of six months, a suspended sentence of one year, and an order to attend a law-abiding driving 40 hours” imposed by the court below is too unreasonable.
2. Determination knife, that the defendant has already been punished twice due to drinking driving, and that the section of drinking driving is short of 1 km;
In full view of the facts that the lower court cannot be said to have determined a reasonable decision by fully considering the various sentencing grounds asserted by the Defendant, and there are no special circumstances to change the above sentence.
Ultimately, the defendant's argument that the above sentencing is unfair is groundless and thus is not accepted.
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.