도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The judgment of the Defendant shows the form of recognizing and reflecting the crime.
However, the Defendant driven on an expressway with blood alcohol concentration of 0.18%, and in light of the blood alcohol concentration and the danger of the place of driving, it is not good to commit a crime.
In addition, the defendant has been punished several times for traffic crimes, such as the history of punishment four times due to drinking driving, the violation of the Act on Special Cases concerning Driving without License and Handling of Traffic Accidents.
In particular, the defendant has been punished by the suspended sentence of imprisonment due to the drinking driving and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2017.
In addition, considering the Defendant’s age, character and conduct, environment, motive, means, consequence, etc. as shown in the records and pleadings, the sentence of the lower court is only within the reasonable scope of discretion, and it is difficult to view that it is unfair because it is too unreasonable.
Therefore, the defendant's assertion is not accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.