도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The sentencing of the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The Defendant had a record of being punished several times for the same type of crime, such as drinking, unlicensed driving, etc., and among them, even though the record of the suspension of the execution of imprisonment was included three times, the Defendant committed the instant crime.
The alcohol level at the time of driving the instant drinking reaches 0.163%.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.
3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.