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. The judgment that the Defendant led to the confession and reflect of the instant crime, and that the blood alcohol concentration in the blood was relatively high at the time of driving alcohol is favorable to the Defendant.
On the other hand, the following is disadvantageous.
Defendant was punished eight times, including imprisonment for the same kind of crime.
In particular, the crime of this case has been committed during the period of repeated crime due to the same crime, even if the execution of imprisonment was completed for 4 months.
In light of the defendant'sless driving and drinking habits, it is necessary to punish the defendant strictly.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.
3. 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.