도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the lower court’s punishment (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the order to attend a compliance driving 40 hours).
2. Determination
A. The Defendant’s confession and reflects the instant crime, and the Defendant’s drinking figures are 0.071% high.
It can not be seen, and it is recognized that the distance of the defendant's driving is relatively short of 1km.
B. However, in full view of the following circumstances: (a) drinking driving may cause harm to the life and body of others as well as the driver; (b) there is a need to severely punish the Defendant; (c) the Defendant has been punished by a fine on three occasions due to drinking; (d) there is no special change in circumstances after the decision of the lower court was made; and (e) the Defendant’s age, circumstances leading to the commission of the crime; and (e) other circumstances that form the conditions for sentencing as stated in the instant pleadings, such as the circumstances favorable to the Defendant, even if considering the aforementioned circumstances favorable to
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.