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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. Determination
A. 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
The lower court sentenced the Defendant to the punishment of the Defendant, taking into account the following circumstances: (a) the Defendant had a criminal record of 20 times, which includes five times of suspended sentence; (b) the criminal record of four times of suspended sentence was due to a violation of the Road Traffic Act, such as drunk driving; and (c) the Defendant, even though having engaged in driving without a license for driving without a license, caused a traffic accident; and (d) there was no intention for the Defendant to keep the law from committing a traffic accident.
C. Based on the legal principles as seen earlier, there is no change in the above sentencing conditions compared with the original judgment, and even considering the Defendant’s age, character and conduct, motive of the crime, circumstances after the crime, etc., the sentencing factors revealed in the proceedings of the present case and the sentencing guidelines for the enactment of the Supreme Court’s Sentencing Committee, etc., the lower court’s sentencing is too inappropriate to have exceeded the reasonable scope of discretion.
Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.
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.