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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
2. The judgment of the Defendant recognized all of the instant crimes and reflects on, and the distance of the Defendant driving is relatively short.
However, drinking driving is a crime that may cause serious harm to unspecified people, and its social risk is very high.
In particular, the Defendant had been punished for three times due to drinking driving, one time due to driving without a license, and two times due to driving without a license, and on May 19, 2016, the Defendant was sentenced to two years of suspended sentence for eight months due to driving without a license at the Gwangju District Court, and committed the instant crime even during the suspended period.
In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.
In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.
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.