도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. The fact that the judgment defendant recognized the crime of this case and reflected it is favorable.
However, there are several criminal records of the defendant due to drinking driving, and in 2013, he/she has been subject to suspended sentence in the year of 2013, however, he/she has been driving under the influence of alcohol again, and the risk of recidivism seems to be high.
In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.
Defendant’s assertion is not accepted.
3. 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.