도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.
2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.
In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court on the sole basis of the difference between the opinion of the appellate court and the judgment of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, based on its stated reasoning, sentenced the Defendant to the said sentence.
The circumstances cited by the defendant on the grounds of appeal are elements that have already been determined by the court below as well as sufficiently taken into account, and there is no circumstance that can be specially considered in the trial of the party, and there is no change in the conditions of sentencing.
Specifically, it is true that the defendant recognizes his mistake and reflects his mistake.
However, it is necessary to strictly punish driving of drinking in a very high risk of infringing on the life and body of others as well as himself/herself.
Although the Defendant had been already punished two times due to drinking driving (one time a suspended sentence of imprisonment, one time a fine) and once again driving in the state of drinking alcohol concentration of 0.240%.
At the time, the defendant was in the condition of four or more times, and it is almost impossible to drive normally.