도로교통법위반(음주운전)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 in a position to care alone his father who is administered with cerebrovascular, the punishment imposed by the court below (six months of imprisonment) is too unreasonable.
2. Taking into account the circumstances alleged by the Defendant, each of the instant crimes is deemed to operate a motor vehicle without mandatory insurance without a driver’s license, even though the Defendant had been already under the influence of alcohol driving on at least two occasions, while under the influence of 0.170% of blood alcohol concentration without a driver’s license, and the case is not less than that of the motor vehicle. The drinking driving requires strict punishment in accordance with the purport of the amended Road Traffic Act, which may threaten another’s life and body as well as himself, and the Defendant has been sentenced two times to a fine for violating the Road Traffic Act in the past, and on May 11, 2012, the Court rendered a judgment of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Road Traffic Act, violation of the Road Accident Compensation Act, and the suspension of the execution of the sentence on July 27, 2012 due to the violation of the Guarantee of Automobile Accident Compensation Act, and the Defendant’s each of the instant crimes was committed during the suspension of execution period, and the circumstances and circumstances of each of the instant crimes do not appear to be justified.
3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.