도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.
2. Determination
A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.
B. However, in full view of the following circumstances: (a) the Defendant was sentenced to a suspended sentence of two-year imprisonment for one year in 2013 due to drinking driving; (b) the Defendant was sentenced to a suspended sentence of two-year imprisonment for one year; (c) despite the revocation of the driver’s license, driving of a vehicle with alcohol content of 0.102% in blood is not very good to commit a crime; (d) driving of a motor vehicle causes harm to the life and body of others as well as his/her driver; and (e) there is a need to severely punish him/her; and (e) other circumstances that form the conditions for sentencing specified in the instant argument, including the Defendant’s age, background of the crime, and circumstances after the crime, even if considering the above circumstances favorable to the Defendant, the lower court’s sentence is too unreasonable
Therefore, the defendant's above 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.