도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The Defendant shows his attitude to recognize and reflect all of his criminal acts.
Finally, the punishment of the defendant for the crime of drinking driving is 2013 years, and there is a considerable interval from the crime of this case.
On the other hand, the Defendant had been sentenced to a fine twice due to drinking driving and a punishment for a two-time suspended sentence. At the time of the instant crime, the Defendant’s blood alcohol concentration (0.220%) was very high.
In light of the fact that the defendant was found to sleep in a state where a vehicle was stopped on an access road to a house, the defendant seems to have driven in a state of considerable danger.
In full view of all the sentencing conditions as shown in the instant pleadings, including the above circumstances, including the Defendant’s age, sex, environment, motive, means, consequence, etc., the sentencing of the lower court exceeded the reasonable scope of discretion.
It does not appear.
Therefore, the defendant's argument of sentencing is not accepted.
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.