도로교통법위반(음주운전)
Defendant
The appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) of the original judgment (six months of imprisonment) is too unreasonable.
Judgment
It is reasonable to take into account the following circumstances: (a) the confession of the Defendant to commit the instant crime; (b) reflects his mistake in depth; (c) the distance driven by the Defendant is relatively short; and (d) the aging and wife to support the Defendant.
However, in full view of the fact that the Defendant had been punished five times due to drinking driving, three times of which are sentenced to a suspended sentence of imprisonment, and that the Defendant’s blood alcohol level at the time of driving under the influence of alcohol in this case considerably higher than 0.192%, and other various sentencing conditions such as Defendant’s age, character and conduct, environment, circumstances of the instant crime, and circumstances before and after the instant crime, it is not recognized that the sentence of the lower court is too unreasonable.
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.