특정범죄가중처벌등에관한법률위반(위험운전치상)등
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, community service work 120 hours, and the participation in compliance driving 40 hours) is too unreasonable.
2. That the defendant is against the judgment and he/she does not drive drinking again;
The fact that the victims and the victims have reached an agreement is favorable to the defendant.
On the other hand, the following is disadvantageous.
The defendant has already been punished once due to drinking driving.
At the time of the instant case, the Defendant’s blood alcohol concentration was relatively high by 0.128%.
The Defendant, while driving a motor vehicle in a state where normal driving is difficult due to drinking, has inflicted an injury on the victims by causing a traffic accident, and the Defendant's negligence on the occurrence of an accident is serious.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.
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 groundless.