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 fact that he should support his family.
B. However, in full view of the various circumstances, such as the defendant's age, background of the crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable even if the above circumstances favorable to the defendant are considered in light of the following: (a) the defendant's history of punishment for driving under drinking two times; (b) the history of punishment for driving without a license is two times; (c) the driving of a vehicle in the condition of drinking alcohol concentration of 0.113%; and (d) the driving of a vehicle in the state of drinking alcohol concentration of 0.113%; (b) the driving of a vehicle brings about harm to the life and body of others as well as the driver; and (c)
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.