The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

2. 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). The fact that the Defendant acknowledges and reflects the mistake, and that the victim does not want the punishment of the Defendant under an agreement with the victim is favorable to the Defendant.

However, considering the fact that there are no changes in the circumstances of sentencing such as the defendant's age, character and behavior, environment, circumstances and motive of the crime, circumstances after the crime, driving distance, etc. as shown in the records and arguments of this case, including the fact that the defendant had been punished three times due to drinking driving, was not aware of himself during the period of probation due to the same crime, and that he drives without a driver's license again without a driver's license, and that blood alcohol concentration is high, it cannot be deemed that the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not 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.