도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The sentencing of the lower court (two years of imprisonment with prison labor for eight months suspension, one hundred and twenty hours of community service order, and forty hours of order to attend a compliance driving lecture) is too unreasonable.
2. The Defendant, even though he had been punished twice due to drinking driving, was under the influence of a fine, and thus, caused an accident while driving under drinking.
The blood alcohol concentration of this case is 0.125% higher.
In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.