도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The circumstances favorable to the defendant are as follows.
The defendant is in profoundly against his wrongness.
The defendant is supporting a minor's child and his parents.
The circumstances unfavorable to the defendant are as follows:
The Defendant’s blood alcohol concentration at the time of committing the instant crime is 0.093% and relatively high.
From 204 to 2004, the Defendant was sentenced to a fine and a suspended sentence on eight occasions due to the violation of the Road Traffic Act and the violation of the Road Traffic Act. In addition, the Defendant committed the instant crime.
In full view of the various circumstances surrounding the above defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions shown in the records and arguments of this case, it cannot be deemed that the sentence of the court below is too unreasonable.
The defendant's assertion is rejected.
3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, the application column of the law of the court below is '1.1. Suspension of Execution Act Article 62(1) of the Criminal Act, which is favorable for the reason of sentencing, is clear that it is a clerical error, and thus, it is to delete it ex officio in accordance with Article 25(1)
.