도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment) is too unreasonable.
2. That the defendant would not once again drive alcohol or drive without a license while opposing the crime;
It is favorable to the defendant.
On the other hand, the following is disadvantageous.
The defendant has already been punished for a number of times due to drinking driving and driving without a license, including suspension of the execution on two occasions.
In addition, on April 26, 2018, the most recent crime of drinking driving, etc. committed the crime of this case, which was sentenced to 8 months of imprisonment in this court and 2 years of suspended sentence, and also committed the crime of drinking and non-licensed driving.
At the time of the instant case, the alcohol level of the Defendant’s blood was 0.185% high.
The risk of recidivism is high in light of the criminal records, drinking and non-licensed driving behavior of such accused.
Since there is a need to punish the defendant strictly.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.
3. 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 groundless.