특수상해등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable as the sentence imposed by the court below (two years of imprisonment and fine of two hundred thousand won) is too unreasonable.
2. The judgment shows the attitude of the defendant to make a confession of all the crimes of this case and to reflect his mistake, the fact that the defendant suffers a certificate of existence of alcohol with middle light, and that the above symptoms seems to have affected the crime of this case, and that the defendant's leakage or wanting the defendant's wife against the defendant are favorable to the defendant.
However, the court below seems to have determined the defendant's punishment by fully considering the above circumstances, such as reducing physical and mental weaknesss caused by proof of alcohol, and there are no special circumstances or changes in circumstances that may be considered newly in sentencing in the appellate court.
In particular, as stated by the court below, it is not very good that the crime is committed by theft of the defendant, causing a repeated accident that makes the defendant drive while enjoying 0.280% alcohol concentration in the blood, and the crime is committed, such as the escape of the defendant as it is, and the injury of the victim by blocking the defendant.
Before committing the instant crime, the Defendant had been punished more than ten times prior to the instant crime, but committed the instant crime during the repeated crime period. The victims’ damage was not recovered, and the Defendant could not find a trace of making substantial efforts to recover damage.
In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, environment, motive, means, consequence, and circumstances after the commission of the crime, and all of the sentencing conditions indicated in the instant records and theories on changes, the sentence imposed by the lower court is too large and goes beyond the scope of reasonable discretion, even considering all the circumstances alleged by the Defendant.
subsection (b) of this section.
Therefore, the defendant's assertion is not accepted.
3. In conclusion, the defendant's appeal is without merit, and thus, it is in accordance with Article 364 (4) of the Criminal Procedure Act.