도로교통법위반(음주운전)등
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. That the defendant does not commit a second offense because he or she repents his or her mistake and reflects his or her mistake.
The fact that it is different is the favorable situation.
However, the defendant's blood alcohol concentration is relatively high; the defendant stops on the road and causes the risk of additional accidents; the defendant has been punished several times due to drinking or unlicensed driving; on November 23, 2016, he/she was sentenced to a suspended sentence of two years due to drinking or unlicensed driving on the road; the defendant repeated the crime of this case even though he/she has been sentenced to a suspended sentence of six months on the road; the court below seems to take into account the favorable circumstances for the defendant; and there is no special circumstance or change that may be considered for sentencing newly after the sentence of the court below; in full view of all the sentencing conditions of this case, such as the defendant's age, sex, environment, the background and consequence of the crime of this case, and the circumstances after the crime, etc., the above assertion by the defendant 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.