도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for six months of imprisonment, 40 hours of community service order, and 40 hours of lecture order for compliance driving) is too unreasonable.
2. That the defendant does not commit a second offense because he or she repents his or her mistake and reflects his or her mistake.
The fact that there is no additional damage caused by the crime of this case is a favorable circumstance.
However, in light of the fact that the Defendant’s blood alcohol concentration is relatively high, the Defendant repeated the instant crime even though he had been punished twice due to drinking driving and once due to non-licensed driving, the Defendant appears to have taken into account the circumstances favorable to the Defendant in the lower court, and there is no special circumstance or circumstance that may be newly considered in the sentencing after the lower judgment was rendered, and the Defendant’s age, sex, environment, circumstances and consequence of the instant crime, and all sentencing conditions indicated in the instant case, such as the following circumstances, are considered to be too unreasonable since the lower court’s sentence is too unreasonable. Thus, the above assertion by the Defendant 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.