도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The sentence of the original court (one year and six months of imprisonment) on the summary of the grounds of appeal is too unreasonable.
2. Considering that the Defendant’s act of driving drinking in this case is a crime committed during the period of suspension of the execution of the same kind of crime, it seems that the Defendant’s act of driving drinking in this case is a crime committed during the period of suspension of the execution of the sentence, and the Defendant’s act of driving drinking in this case is a crime committed during the period of suspension of the execution of the sentence.
In addition, the defendant tried to replace a driver by requesting the offender after the commencement of the investigation after driving the drinking of this case, and the paper country has made the offender stop the crime, and the circumstances after the crime are not good.
In the event that a sentence of imprisonment is finalized after a sentence of imprisonment is selected and finalized for a defendant who is unable to be sentenced by law, there may be somewhat harsh aspects of choosing a sentence of imprisonment to the defendant on the grounds that the previous suspended sentence is revoked and that the suspended sentence should serve until the suspended sentence is imposed. However, even though the past records of drinking driving have already been improved despite the character and conduct of the crime, recidivism has already been committed without improving the character and conduct. In light of the equity in punishment with the same criminal who committed the similar crime, it cannot be said that it is inevitable.
In addition, in light of the circumstances that the Defendant was sentenced to a heavier sentence than the minimum statutory penalty due to the mitigation of a small amount of punishment, and other various sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, family environment, etc., it cannot be deemed that the sentence of the lower court against the Defendant is too unreasonable.
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 ordered as per Disposition.