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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. There are extenuating circumstances for the Defendant, such as the fact that the Defendant recognized and reflected the instant crime; that the distance driven at the time of the instant case was shorter than 100 meters; that the Defendant disposed of the vehicle driven at the time; and that the Defendant must support the wife with poor health and three children.
However, in light of the fact that the Defendant was punished seven times due to drinking or non-licensed driving (six times of punishment, six times of suspended sentence, one time of suspended sentence), and that the Defendant committed the instant crime at the same time; that at the time, the Defendant’s blood alcohol concentration was very high by 0.218%; and that even in 2014, the Defendant was punished by driving under the high blood alcohol concentration of 0.151%, it is inevitable to sentence the Defendant.
In light of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, etc., and the statutory penalty of this case is imprisonment for not less than one year but not more than three years. Considering that the lower court sentenced to six months of imprisonment, which is the lowest possible punishment by reducing the amount of punishment at the lower limit of the statutory penalty, the lower court’s sentence is too unreasonable.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.