도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. The Defendant is against the Defendant who recognized the facts charged.
However, the alcohol concentration in the blood of this case is not lower than 0.108%, and the driving distance is about 10km, and there was a single traffic accident by Defendant vehicle.
In addition, the defendant has already been punished six times (including three times of suspended execution) due to drinking driving.
In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.
3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.