도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. At the time of the instant crime, the Defendant’s blood alcohol concentration was not lower than 0.112%.
At the time, the Defendant had the same criminal records as the criminal facts of the lower judgment.
In particular, on September 18, 2019, the Defendant committed the instant crime again during the period of suspension of execution due to a violation of the Road Traffic Act by the District Court of Jung-gu on September 18, 2019, since one year of imprisonment with prison labor and two months of the suspension of execution has not passed since the Defendant was sentenced to the suspension of execution.
These circumstances are disadvantageous to the defendant.
On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.
These circumstances are favorable to the defendant.
In addition, considering the defendant's age, character and conduct, intelligence and environment, motive for committing a crime, and circumstances after committing a crime, the sentence of the court below is deemed appropriate.
3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.