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Defendant
The appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair punishment) of the original judgment is too unreasonable.
2. The circumstances are as follows: (a) the Defendant reflects his mistake; (b) there is a family member to support Mongolia; and (c) the vehicle operated by the Defendant is covered by a comprehensive insurance policy.
However, the crime of this case is committed under the influence of alcohol by the defendant while driving without a license under the influence of normal driving, resulting in a traffic accident and resulting in injury to the victim. Furthermore, the criminal liability is heavy; the defendant was sentenced to a suspended sentence on the grounds of the same kind of crime in around 2011; the defendant again committed the crime of this case; the victim did not recover damage; there was no change in circumstances to change the sentencing after the decision of the court below was made; and all of the sentencing conditions including Defendant age, character, character, environment, motive, means and consequence of the crime; and the scope of recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court for the crime of this case is limited to eight months in imprisonment with prison labor for up to one year and six months; the traffic crime type I (traffic accident injury); the special person [the case where Article 5(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes falls under Article 5-11 of the Road Traffic Act; the case where the defendant did not comply with a request for alcohol measurement; the sentencing range of majority (2).
In addition, when the illegality of the proviso of Article 3(2) of the Specialized School Act is serious, the sentence of the court below is too unreasonable, considering the same criminal record (not less than a five-year suspension of execution) and the recommendation of sentence, etc., it is not recognized that the sentence of the court below is too unreasonable.
3. The Defendant’s appeal is without merit.