도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.
2. The fact that the judgment is against the defendant and the defendant supports the mother is favorable to the defendant.
On the other hand, the following is disadvantageous.
At the time of the instant case, the alcohol concentration of the Defendant’s blood was very high to 0.152%.
The defendant has a record of being punished several times, including one suspended sentence due to drinking driving and driving without a license, and has a record of being punished for committing a traffic accident while driving under drinking.
In light of the criminal records of the defendant's like crime, it is necessary to punish the defendant strictly considering that the defendant is repeating of drinking without any particular awareness of crime.
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. It is so decided as per Disposition.