도로교통법위반(음주운전)
Defendant
The appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to six months) of the original judgment is too unreasonable.
2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is deeply divided; and (b) the Defendant’s act of not committing a second offense, such as disposing of his own car after the instant crime.
However, the crime of this case is deemed to be unfair in light of the following factors: (a) the defendant driven a motor vehicle with 1 km degree under the influence of alcohol level of 0.134% and the character of the crime is not good in light of the risk thereof; (b) the defendant has been sentenced to several criminal punishments; (c) the defendant has been sentenced to a fine not less than three times during the period of suspension of execution; (d) the defendant was sentenced to a fine not less than twice during the period of suspension of execution; and (e) the defendant committed the crime of this case during the period of suspension of execution without being aware of the same crime; and (e) other all the sentencing conditions such as the defendant's age, character and behavior, environment, motive for
3. 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 groundless. It is so decided as per Disposition.