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. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, under favorable circumstances to the Defendant, acknowledged the Defendant’s mistake while making a confession of each of the instant crimes, and the Defendant dumpeded for six hours from the time of the final drinking alcohol.
In light of the fact that each of the crimes of this case was committed on two or more occasions, and the defendant's driving of a vehicle under the influence of alcohol level 0.15% without obtaining a driver's license, which is not good in quality of the crime; the defendant was punished seven times due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (unlicensed driving). In particular, the defendant was punished seven times due to the following facts: (a) the defendant was sentenced to a suspended sentence of one year on March 10, 201; (b) the defendant was sentenced to a suspension of the execution of one year due to a violation of the Road Traffic Act (driving), and (c) the defendant was under the influence of driving a vehicle under the influence of alcohol level 0.15% without obtaining a driver's license for the same kind of crime; and (d) the defendant was under the influence of one year on July 10, 2016.