도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable that the punishment (one year of imprisonment, two years of suspended execution, two years of probation, one hundred and sixty hours of social service, and forty hours of participation in the compliance driving lecture) of the original judgment is too unreasonable; and
2. A favorable circumstance is that the judgment of the defendant is against the defendant, the defendant purchased and sold the motor vehicle, and the defendant's place of residence is moving to the location of the company operated by the defendant, etc. to avoid the intention of preventing the recidivism that the defendant will no longer drive under the influence of alcohol.
However, there are unfavorable circumstances, such as the fact that the defendant had been punished for drinking twice but the blood alcohol level was 0.110% and the blood alcohol level was high and the compliance consciousness seems to be weak.
In addition, considering the character, behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of the defendant, the sentence of the court below is too unreasonable.
3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.