도로교통법위반(무면허운전)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable that the sentence of the lower court (two years of suspended sentence for one year of imprisonment, forty hours of a compliance driving lecture, and eight hours of a community service order) is too unreasonable;
2. Determination
A. According to the records, the court below determined the punishment in consideration of various sentencing factors, such as the fact that blood alcohol concentration is considerably high, that there are several records of punishment for the same kind of crime, that there are many errors, that there is no criminal record after 2008, that there is no criminal record, and that there is a health condition.
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.