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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal asserted mistake of facts or misapprehension of legal principles in the statement of grounds for appeal, but withdrawn from the third trial on the date of the appeal.
The punishment of the court below against the accused (eight months of imprisonment) is too unreasonable.
2. The judgment takes account of the fact that the defendant commits a mistake and that the defendant has a dependent on the defendant. However, the defendant has been sentenced to the punishment for a period of two years of suspended execution in August of 2012 due to the violation of the Road Traffic Act in the same and different crimes. The violation of the Road Traffic Act in this case constitutes a case where the defendant is seriously punished by driving under the influence of alcohol at once after he/she commits a second or more times. The defendant committed the crime in this case during the period of suspended execution, and all of the sentencing conditions in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances, circumstances after the crime, etc., are considered, and the punishment imposed by the court below is not heavier.
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. It is so decided as per Disposition.