도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.
2. That the defendant is against the judgment and he/she does not drive drinking again;
It is favorable to the defendant that he disposed of a motor vehicle operated at the time of driving the drinking of this case.
On the other hand, the following is disadvantageous.
On February 2016, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a fine of KRW 6 months for a violation of the Road Traffic Act (drinking refusal of drinking), and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (drinking refusal of drinking), and was driving the instant drinking again without being aware of it during the suspended sentence.
It is necessary to strictly punish the defendant in light of the behavior of drinking alcohol driving and the attitude of lack of compliance consciousness.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s 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.