도로교통법위반(음주운전)등
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 circumstance in which the judgment of the defendant recognized the crime of this case and reflected is recognized.
However, even before the instant case, the Defendant had been sentenced to the suspended sentence of imprisonment due to the crime of violation of the Road Traffic Act (driving) and has committed the instant crime again during the period of suspended sentence which is well-founded.
There is no change in sentencing conditions that can be newly considered in the trial compared with the original judgment.
In addition, comprehensively taking into account the Defendant’s age, character and conduct, criminal records, blood alcohol concentration level, drinking without license, distance of driving without license, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.