도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The Defendant acknowledges a mistake and reflects his gender.
However, the defendant has been punished several times for the same crime, and in particular, in the period of probation in 2015, he has been sentenced to a fine for the same crime as this case in the period of probation.
In addition, the Defendant committed the instant crime during the period of repeated crime, and the lower court’s punishment is the lowest sentence that can be sentenced within the scope of the punishment after discretionary mitigation.
In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.
[However, under Article 25 (1) of the Regulation on Criminal Procedure, "Article 35 of the Criminal Act is added to "Article 35 of the Criminal Act among repeated criminal offenders" in the application of the judgment of the court below ex officio and under Article 25 (1) of the same Act.