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The defendant's appeal is dismissed.
Reasons
1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. At the time of the instant crime, the Defendant’s blood alcohol concentration was very high as 0.208%.
The instant crime was committed by the Defendant on August 28, 2018, who was sentenced to the suspension of the execution of 9 months by a district court for special assault on September 5, 2018, and was sentenced to the suspension of execution on September 5, 2018.
The Defendant, even before committing the instant crime, had been punished 19 times in total.
These circumstances are disadvantageous to the defendant.
On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.
It seems that the distance operated by the defendant is not clear.
These circumstances are favorable to the defendant.
In addition, considering the age, character and conduct, intelligence and environment of the defendant, and the circumstances after the crime, the sentence of the court below is considered appropriate.
3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.