도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.
2. It is recognized that the judgment of the defendant led to confession and reflects the facts charged, and is a mother of support.
However, in full view of the following circumstances: (a) the Defendant committed the instant crime even though he/she was sentenced to imprisonment for a period of eight months due to a crime of violating the Road Traffic Act, such as drinking, driving without a license, etc.; (b) the Defendant committed the instant crime even during the period of repeated crime; (c) the Defendant’s age, sex, environment; (d) background leading up to the commission of the crime; and (e) circumstances leading up to the sentencing indicated in the record, such as the circumstances after the commission of the crime, etc., the Defendant’s punishment is not deemed unfair due to the absence of sentence.
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.