도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The defendant shows his attitude to reflect in depth the error.
In this case, the degree of main practice is not high.
It seems that it is also efforts to prevent recidivism by disposing of a vehicle that was driven after the instant case.
On the other hand, the defendant was punished seven times in total due to drinking or unlicensed driving.
In particular, there is a history of punishment for suspension of the execution of imprisonment due to drinking driving in 2015 and without license driving in 2018.
The distance driven in this case also is path.
It is also a high social demand to punish persons who repeatedly drive drinking or drive without a license.
Pronouncement of sentence is inevitable.
In addition, even if the defendant's age, living environment, motive and background of the crime, circumstances after the crime, and the record of the crime, etc. are considered, the sentence of the court below that sentenced the statutory minimum punishment by reducing the amount of punishment is too unreasonable.
The defendant's argument of sentencing is difficult to accept.
3. 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.