도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.
2. The judgment defendant has no record of being punished in excess of a fine due to drinking or unlicensed driving.
However, it is inevitable to sentence the Defendant not only driving under the influence of alcohol concentration of 0.190% while blood, but also driving under the influence of alcohol and without a license, with the record of punishment for the non-driving of alcohol, on five occasions, and thus, is highly likely to repeat a crime.
In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.
Therefore, the defendant's assertion is not accepted.
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.