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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. It is also true that the accused, against the mistake of the crime, should not repeat the crime, supports the elderly parents with a good health, and is responsible for the livelihood of the wife and children.
However, the Defendant had been punished several times due to drinking and driving without a license. On September 2009, when the Defendant was discovered while driving without a license as seen in the instant case, he presented his driver’s license to the same person, forged the report on detection in H’s name and submitted the report of detection, and committed the instant crime even though he had the record of being punished for a period of two years of suspended sentence in August, 200.
The crime of this case was committed by the Defendant without a driver’s license, who carried the H’s driver’s license in advance and took a drunk driving and crackdown on the police, presenting the H’s driver’s license in order to avoid punishment, exercising it as H, and committing the crime of forgery of document. The nature and circumstances of the crime are heavy.
Blood alcohol concentration was considerably high by 0.141%, and also caused traffic accidents.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed 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 since it is without merit. It is so decided as per Disposition.