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 (two months of imprisonment) is too unreasonable.
2. The judgment of the defendant recognized each of the crimes of this case and reflected, and the victims' injury is serious.
It is difficult to see, the fact that the defendant's vehicle is covered by the comprehensive motor vehicle insurance, and there is no record of being sentenced to suspension of qualification or more severe punishment.
However, the Defendant had been punished twice as a crime of violating the Road Traffic Act. In particular, on September 7, 2016, the Defendant was sentenced to a two-year sentence of suspension of execution on September 20, 2016 due to a crime of interference with the performance of official duties, etc., and was still under the suspension of execution, which became final and conclusive on September 20, 2016. Even if, even though he was subject to a fine (1,50,000 won) due to driving on November 24, 2016 during the suspension period, the Defendant committed each of the instant crimes without being aware of the fact that (1,50,00 won) had already been punished, and further, in the case of the instant violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Defendant did not appear to have committed any of the instant crimes under the influence of alcohol content 0.167% while driving a motor vehicle under the influence of alcohol and caused serious injury to the victims, and the Defendant’s circumstances and circumstances leading up to the Defendant’s health, etc.
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.