도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, community service 40 hours, and the participation in compliance driving lectures) is too unreasonable.
2. That the defendant is against the judgment, and he/she does not drive drinking or drive without a license again;
It is favorable to the defendant.
On the other hand, the following is disadvantageous.
The defendant has a history of criminal punishment on three occasions due to drinking driving, and among them, the defendant has caused a traffic accident while driving under drinking and has inflicted an injury on two victims.
From 2013 to June 19, 2015, at the time of the instant crime, the Defendant committed a violation of road traffic law (drinking) once a year.
There is also a history of punishment for the violation of road traffic law (unlicensed driving) and the violation of road traffic law (refluence of drinking) once.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, 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.