도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.
2. The fact that the defendant is in profoundly against the defendant is the circumstances favorable to the defendant.
On the other hand, the following is disadvantageous.
The defendant had four criminal records of the same crime of violation of the Road Traffic Act (drinking driving), and in particular, the crime of this case has been committed during the suspension period of execution due to the same crime.
The drinking value at the time of the crime of this case is not low.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, and thus, the Defendant’s 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.