교통사고처리특례법위반등
The defendant's appeal is dismissed.
1. The lower court’s sentence (ten months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, community service order 80 hours, 40 hours of lecture attendance order of compliance driving, and 40 hours of lecture of compliance driving) is too unreasonable.
2. The Defendant, who made a confession of the facts charged, is against the Defendant, and the degree of injury to the victim due to the instant accident is not much serious, and the victim does not want the punishment of the Defendant upon agreement with the victim.
However, among the blood of this case, alcohol concentration is considerably high as 0.152%, and the defendant has been punished six times due to drinking driving (including actual one).
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.