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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.
2. Determination
A. Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by comprehensively taking into account the factors constituting the conditions for sentencing as stipulated in Article 51 of the Criminal Act, based on which our criminal litigation law, which takes the trial-oriented principle and the principle of directness, has a unique area for the first deliberation of sentencing.
In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion. Although the sentence of sentencing of the first instance falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court by destroying the first instance judgment on the sole ground that the sentence of sentencing of the first instance falls within the reasonable scope of discretion, but is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) It is desirable to refrain from rendering a sentence that does not vary from the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).
However, the Defendant, as a crime of violating the Road Traffic Act (drinking driving), has a record of being punished by a fine of 4 million won on November 15, 2012, a fine of 1.5 million won on January 28, 2014, imprisonment of 6 months on April 3, 2015, and one year of suspended execution. While driving without a license during the period of suspended execution, the Defendant repeated drinking while he/she was sentenced to imprisonment for 6 months on June 16, 2016, and was sentenced to a suspended sentence on June 24, 2016.
The amount of alcohol concentration in Defendant's blood is 0.129% high, and drinking is driving.