The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below (one year and two months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant appears to have an attitude to recognize and reflect a crime, such as lightization, etc., that is not good in health conditions, and that there is a family member in need of support.

However, in full view of the fact that the Defendant was punished three times for the same kind of crime, and that the Defendant committed a second-hand driving crime even though he was sentenced to two years of suspended sentence of one year due to drinking and unlicensed driving in 2018, and the blood alcohol concentration is very high to 0.196%, and that there are no new changes in circumstances that may change the sentence of the lower court in the context of sentencing conditions, such as the Defendant’s age, character and behavior, environment, background and motive of the crime, circumstances after the crime, distance of operation, etc., as shown in the records and arguments in the instant case, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (6) of the Criminal Procedure Act. It is so decided as per Disposition.