The defendant's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (two months of imprisonment) is too unreasonable.

Judgment

The defendant who has had a record of violating drinking driving not less than twice, 0.152% alcohol concentration in blood and 0.152% in the influence of alcohol, concealed the vehicle in the atmosphere of the signal at the front, and 3 weeks in the vehicle driver.

The defendant's mistake is against the defendant.

Defendant

A driver is covered by a comprehensive insurance, and the defendant agreed with the victim at the investigation stage (Evidence Record 66-67 pages). The defendant would not sell and repeat the vehicle.

The court records (the court records 28-29 pages). The defendant has been working as an authorized intermediary, and social ties such as his spouse, his or her father and son are clear.

However, despite the fact that the Defendant was sentenced to the punishment of imprisonment one time (200), two times of suspended sentence of imprisonment (201, 2012, evidence record 54 pages), one time of a fine (2005), five times of a fine (200, 2003, 2005, 2009, 201, 201, 2012) due to drinking or drinking, or a violation of road traffic law, the Defendant re-offending the instant crime on November 28, 2016.

The scope of the recommended punishments according to the sentencing criteria shall be as follows:

[Scope of Recommendation] In general traffic accident, the punishment of the court below shall be determined within the scope of the sentencing discretion, and it shall not be too unreasonable in light of all kinds of punishment conditions such as the defendant's age, sexual behavior, environment, and circumstances after the crime, etc. in the case of driving (in the case of a person with a special aggravated punishment from August to two years) in the aggravated area (in the case of a person with a special aggravated punishment), the main reason for the suspension of execution (in the case of a person with a suspended sentence for not more than five years).

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.