도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The Defendant confessions each of the crimes of this case, and is divided.
Circumstances unfavorable to the defendant are as follows:
At the time of the instant case, the Defendant’s blood alcohol concentration reaches 0.184%.
The defendant was sentenced to a fine on two occasions in 2008 due to the same crime, and was sentenced to a suspended sentence of imprisonment for not more than 2014.
In addition, the defendant was sentenced to the suspension of the execution of imprisonment with prison labor due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles) around 1996 and around 2014.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.
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.