도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The judgment of the defendant is a favorable condition to the defendant, such as the fact that the defendant's mistake is recognized, and that the defendant has no criminal record.
On the other hand, the fact that the defendant had been punished several times, including the suspended sentence of imprisonment due to drinking driving, that the defendant committed each of the crimes of this case consecutively during the suspended sentence due to the crime of this type, and that the amount of alcohol concentration among the blood transfusion of the defendant is considerably 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.