도로교통법위반(무면허운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of execution of two years, the observation of protection, the community service order 80 hours, the lecture order 40 hours) is too unreasonable.
2. The Defendant is against the Defendant’s confession of the facts charged, and the distance from driving of the instant vehicle is about 500 meters short.
However, among the blood of this case, alcohol concentration is high as 0.138%, and the defendant has already been punished four times due to drinking driving and one time due to unlicensed driving.
In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.
3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.