특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. The decision of the court below (one year of imprisonment) is too unreasonable.
2. It is true that there is a favorable sentencing condition for the defendant, such as the fact that the defendant recognizes the crime of this case and has no record of being sentenced to suspension of qualification or more severe punishment, and the vehicle operated by the defendant is covered by a comprehensive insurance.
However, in light of the following circumstances: (a) the Defendant, while driving without a license, did not take any measure to cause a traffic accident and attempted to escape from the Defendant’s wife; and (b) the Defendant, after being investigated by the investigative agency due to the above crime, did not comply with the police officer’s legitimate request for measurement of alcohol level; and (c) the instant case did not comply with the police officer’s request for measurement of alcohol level after being under the influence of alcohol again; and (d) the Defendant’s age, character and behavior, environment, family relationship, circumstances after the crime, etc., which are the conditions for sentencing in the instant case, the lower court’s sentence is not deemed to be too unreasonable, and thus, the Defendant and his defense counsel’s allegation of
3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.