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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended sentence, community service order, etc.) is too unreasonable.
2. The judgment of the Defendant is a person with a disability of grade 2, the recognition of the crime of this case and reflects the mistake, the driving distance of drinking is relatively short of 300 meters, and the same mistake is not repeated again.
It is hard to say that it is favorable to the defendant.
On the other hand, the crime of this case was committed by the defendant who has been punished two times or more due to drinking driving again, and the quality of the crime is not weak, and the defendant has already been subject to criminal punishment several times due to the same kind of crime. On March 26, 2014, the Jeonju District Court sentenced two years of suspension of execution to the crime of violation of Road Traffic Act (non-licenseless driving) at the former District Court on March 26, 2014, and did the crime of this case without being aware of the fact that the defendant's blood alcohol concentration level was 0.184% at the time of detection, and driving of alcohol is a crime that may cause serious danger to the life and property of others, and thus, it is disadvantageous to the defendant.
In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.