도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.
2. Determination
A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.
B. However, in full view of the following circumstances: (a) the Defendant had six times the history of punishment for driving alcohol; (b) the Defendant committed the instant crime during the suspension period of execution for the same kind of crime; (c) drinking driving brings about the life and body of others as well as the driver; and (d) there is a need to strictly punish the Defendant; and (c) other circumstances that are the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime, and circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant, the lower court’s sentence is too unreasonable,
Therefore, the defendant's above assertion 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.