도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) of the lower court is too unreasonable;
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.
In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.