도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (two months of imprisonment, two years of suspended sentence, one hundred and sixty hours of community service order, and forty hours of order to attend a compliance driving lecture) is too unreasonable.
2. However, the Defendant recognized the facts charged and reflects the facts charged, and transferred the vehicle, etc. not to repeat the offense.
However, the blood alcohol concentration of this case is very high as 0.194%, and the defendant has already been punished four times (including a suspended sentence of imprisonment) or more due to his refusal to drive alcohol or to measure alcohol.
In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, environment, character and conduct, and circumstances after committing the crime, the lower court’s sentence is not deemed unreasonable.
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.