도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment and forty hours of the compliance driving demotion) is too unreasonable.
2. Determination
A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, and that he is aged.
B. However, in full view of the following circumstances: (a) the Defendant had a record of having been punished several times due to drinking or non-licensed driving; (b) drinking driving causes harm to the life and body of others as well as his/her driver; and (c) there is a need to severely punish him/her; and (d) there is no special change in circumstances after the judgment of the court below was rendered; and (b) other various circumstances, which form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, circumstances leading to the crime, and circumstances after the crime, etc., even if considering the favorable circumstances
Therefore, the defendant's above 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.