도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. Circumstances favorable to the defendant are as follows.
The defendant is deeply divided into and reflected in the crime of this case.
There is a situation in which the defendant is economically difficult and should support his family.
Circumstances unfavorable to the defendant are as follows:
The defendant was sentenced to a two-year suspended sentence for six months of imprisonment due to the refusal to measure drinking alcohol in 2013 and was sentenced to a eight-month imprisonment for driving alcohol and driving without a license during the suspended sentence, and again committed the crime of this case during the repeated period even though the execution of the sentence was completed, the defendant was committed again during the suspended sentence.
In addition, in 2012, the defendant was sentenced to a fine of KRW 1,500,00 due to driving under the influence of alcohol and was subject to criminal punishment several times for the same crime.
At the time of the instant crime, the Defendant’s blood alcohol concentration is 0.154% high at the time of the instant crime.
In addition to the above circumstances, 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 arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unduly unreasonable.
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.