도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. The circumstances favorable to the defendant include the following: (a) the defendant's mistake recognized by the defendant is against his/her will; (b) the defendant has no criminal record; (c) the defendant's health is not good; and (d) the defendant has to support his/her family
On the other hand, the fact that the Defendant had been punished three times due to drinking driving and one time due to refusal to measure drinking, that the Defendant committed the instant crime during the suspended execution period due to the instant crime, and that the Defendant’s blood alcohol concentration is relatively high is disadvantageous to the Defendant.
It is difficult to view that the lower court’s sentence is too unreasonable in light of the above circumstances and other conditions of sentencing indicated in the record, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime.
Therefore, the defendant's above 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.