도로교통법위반(무면허운전)등
The defendant's appeal is dismissed.
1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, and that the defendant is at the location of supporting the mother and wife who is under the custody of the defendant and her children, the punishment of imprisonment (six months of imprisonment) imposed by the court below is too unreasonable.
2. Taking into account the circumstances alleged by the Defendant, each of the instant crimes is deemed to drive a motor vehicle without a driver’s license even though the Defendant had already driven two or more times, with a blood alcohol concentration of 0.262% under the influence of alcohol, and the relevant case is not weak. Driving under the influence of alcohol is necessary to strictly punish the Defendant according to the purport of the amended Road Traffic Act as well as the crime that may threaten another person’s life and body. In the past, the Defendant has a history of having been punished several times (one time of suspended sentence of imprisonment, four times of fines) due to the crimes of violation of the Road Traffic Act (one time of suspended sentence of imprisonment), the violation of the Road Traffic Act (one time of suspended sentence of imprisonment), the violation of the Road Traffic Act (unlicensed Driving) at a wooden branch of the Gwangju District Court on November 1, 201, and the Defendant’s imprisonment with prison labor for eight years, and the circumstances that the Defendant’s judgment became final and conclusive on November 9, 2011, and the circumstances and effects of each of the instant crime are no more unfair.
3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.