도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The lower court’s sentence against the Defendant on the summary of the grounds of appeal (the imprisonment of six months and the suspension of execution, the community service order 80 hours and the lecture order for compliance driving 40 hours) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial, and there is no change in the sentencing conditions compared with the lower court on the grounds that the sentencing revealed during the pleadings in the instant case was too excessive to exceed the reasonable scope of discretion, and thus, it cannot be deemed unfair.
Therefore, the defendant's argument of sentencing is without merit.
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. It is so decided as per Disposition.