도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. The Defendant is against the Defendant who recognized the facts charged.
However, the blood alcohol content of the instant case is higher than 0.105%, and the driving distance of the instant case is about 5 km, and the Defendant has already been punished four times due to drunk driving (including three times a suspended sentence) and one time due to non-licensed driving.
In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, environment, character and conduct, and circumstances after committing the crime, the lower court’s sentence is not deemed unreasonable.
3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.