도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.
2. The Defendant shows his attitude to recognize and reflect all of his criminal acts.
The degree of injury of the victim of a traffic accident is not much severe.
On the other hand, at the time of driving alcohol, the defendant's blood alcohol concentration was high, and the defendant caused a traffic accident while driving alcohol or without a license and caused damage to the victim.
The defendant has already been punished five times due to drinking driving and three times due to driving without a license. In particular, in 2013, the defendant was sentenced to imprisonment with prison labor for six months due to driving without a license or without a license for drinking, and in 2016, sentenced to imprisonment with prison labor for one year and two months due to driving without a license or injury to escape.
In full view of all the sentencing conditions as shown in the instant pleadings, including the above circumstances, including the Defendant’s age, sex, environment, motive, means, consequence, etc., the sentencing of the lower court exceeded the reasonable scope of discretion.
It does not appear.
Therefore, the defendant's argument of sentencing 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.