도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.
2. The defendant does not again stop driving a drinking alcohol crime;
In addition, the health of the defendant is not good.
However, the crime of this case is that the defendant did not know even though he was a repeated offender due to the same crime, and re-dominated and non-licensed driving, and the alcohol concentration in blood is considerably high by 0.174%, and the driving distance is also long, and the nature of the crime is not somewhat weak.
The defendant has already been punished for a crime of drinking alcohol in a total of five times, such as a single sentence, a suspended sentence of imprisonment, etc., and the alcohol concentration in each of the above past records was 0.120% or more.
In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.
In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, and sentencing of similar cases as indicated in the instant records and arguments, the lower court’s punishment is only within the scope of reasonable discretion and is not deemed unfair because it is too unreasonable.
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.