도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. It is recognized that the decision-making defendant reflects his depth on the crime of this case and supports children.
However, although the defendant had already been punished for a traffic-related crime several times, he/she was under suspension of execution as stated in the judgment of the court below by driving a motor vehicle again without being able to do so.
Since the Defendant again drives without a license during the period of suspension of execution and was sentenced to a fine, and again committed each of the instant crimes during the period of suspension of execution, it is inevitable to severely punish the Defendant.
In addition, at the time of driving one alcohol, the alcohol concentration of the defendant's blood is also high.
In addition, considering all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is too unlimited and it is deemed unfair. Thus, the defendant's 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.