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. It is recognized that the judgment of the Defendant reflects the instant crime in depth, that the distance of drinking driving is relatively short, and that he disposes of the vehicle that he operated.
However, in full view of all the circumstances, including the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc., the sentence of the lower court is too unreasonable, and thus it is not deemed unfair. In so doing, the lower court’s punishment is too unreasonable, considering the following circumstances: (a) the Defendant’s blood alcohol level at the time of the crime in this case was 0.181%; (b) the degree of alcohol level at the time of the crime in this case was not insignificant; (c) the Defendant committed the instant crime in this case without being aware of the fact that he/she was under suspension of execution due to the same kind of crime; and (d) the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.
Therefore, the defendant's assertion 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.