도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.
2. The circumstances that the defendant tried to drink alcohol again before taking a traffic accident and to conceal the crime due to driving of alcohol, and therefore, the nature of the crime is bad.
The defendant is already punished for five times due to drinking driving, and the defendant is sentenced to a suspended sentence of imprisonment twice.
Nevertheless, there is a risk of recidivism in that the defendant again committed the crime of this case.
In this respect, the sentence of the defendant is inevitable.
In full view of the above circumstances, comprehensively taking account of the following factors, the elements of sentencing, such as the Defendant’s age, sex, environment, and the circumstances after the crime, and the maximum statutory punishment for the instant crime, it is not recognized that the lower court’s punishment for six months of imprisonment with labor, which the lower court committed through the reduction of the volume, is too unreasonable.
Therefore, the defendant's appeal is without merit.
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.