도로교통법위반(무면허운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. The Defendant made a confession of the facts charged and reflects the Defendant’s health, and there are extenuating circumstances to consider the circumstances leading to driving of the instant drinking.
In addition, alcohol concentration in blood is 0.070% and is not significantly high.
However, the defendant committed the crime of this case during the period of repeated crime due to the same crime, and the distance of driving without a license for drinking is 15 km, and there are many criminal records of the same kind including six months of imprisonment.
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.