도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.
The court below decided imprisonment by taking account of the favorable circumstances and unfavorable circumstances for the accused, and sentenced the maximum sentence of punishment after discretionary mitigation.
In light of the fact that the defendant is driving for drinking and driving without a license during the period of a repeated crime of the same kind, the sentence of the court below cannot be deemed too heavy beyond the reasonable limit of discretion.
3. 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.