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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. The judgment is favorable to the defendant, such as the fact that the defendant repents his mistake during a prison period of more than three months, the fact that the defendant disposes of the vehicle used for the crime of this case due to a mistake that he would not drive drinking again, and the family, relatives, and the branch want to dissipate the defendant's wife.
However, the statutory punishment of the instant crime is either one to three years, or more but not more than 10 million won. Although the Defendant was sentenced to a suspended sentence for two years and six months on August 13, 2015 due to the Defendant’s crime of this case on the grounds that he committed the instant crime during the suspended sentence period, if he was sentenced to imprisonment for a period of two years and six months on August 13, 2015, the existing suspended sentence will be invalidated, and there is a risk that the Defendant would be subject to the existing suspended sentence, but the Defendant has already been punished five times due to the same crime, and in particular, the Defendant again committed the instant crime even if he was sentenced to two years on September 21, 201, even if he was sentenced to a suspended sentence for six months on the same crime on the same occasion, it is highly dangerous that the Defendant was sentenced to a fine for a vehicle parked on the road during the instant crime, and it is too harsh that the Defendant was sentenced to a suspended sentence until the existing suspended sentence, it would be inappropriate to fully reverse the purport of the suspended sentence system.
The decision is judged.
In addition, as long as the crime of this case is selected, the execution of the sentence of this case shall not be suspended because it was committed during the suspension of execution.
Furthermore, the judgment of the court below already determined the punishment by reducing the minimum statutory penalty prescribed in the crime of this case by taking into account the circumstances favorable to the defendant.
In addition to these circumstances, the Defendant’s age and age.