도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. The Defendant is against the Defendant’s confession of the facts charged, and the driving distance is not approximately about 50 meters.
However, the Defendant was driving the instant drinking during the period of suspension of execution due to the violation of the Punishment of Violences, etc. Act (damage, etc. to the registration of a collective deadly weapon), and the alcohol concentration in the blood was considerably high by 0.265%, and was punished three times (including a suspended execution once) due to the previous drinking.
In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.
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.