도로교통법위반(음주운전)등
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. Determination
A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that there is a change in the conditions of sentencing compared to the first instance court, and that the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance judgment (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) It is recognized that: (a) the Defendant misleads the Defendant; (b) the Defendant suffers from illness such as mental and behavioral disorder by alcohol use; (c) the Defendant supports the mother and minor; and (d) the Defendant supports the mother and the minor; and (e) the economic situation is not adequate.
However, the court below seems to have determined the defendant's punishment in consideration of all such circumstances, and there is no particular change in circumstances in the matters which are the conditions for sentencing after the sentence of the court below.
Although the defendant has been punished twice as a crime of violating the Road Traffic Act (drinking) and twice the suspended sentence, he/she was driving without obtaining a license in a very severe state of alcohol concentration of 0.268% in the blood during the period of the suspended sentence for about four months since the termination of the suspended sentence, and there is a strong doubt as to whether the crime is not good and seriously reflect.
In full view of such circumstances as well as the Defendant’s age, sex, environment, etc. and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable.
Therefore, the defendant's assertion is not accepted.
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.