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The defendant's appeal is dismissed.
Reasons
1. The sentence of the lower court (four months of imprisonment) against the Defendant on the summary of the grounds of appeal by the Defendant is too unreasonable.
2. Determination as follows: (a) the actual reality of the risk of driving without a license for drinking alcohol in this case; and (b) the Defendant has not caused a traffic accident; and (c) the Defendant reflects the mistake in depth while committing an offense, etc. favorable to the Defendant.
On the other hand, as stated in the judgment of the court below, the alcohol content at the time of the crime of this case reaches 0.230%; the defendant has been punished twice as the same crime as stated in the judgment of the court below; the defendant committed the crime of this case during the suspended execution period after being sentenced to two years of imprisonment on November 2016 due to the crime of violation of the Road Traffic Act (driving) and the crime of violation of the Road Traffic Act (non-licensed driving) and again committed the crime of this case during the suspended execution period. In addition, comprehensively taking account of the defendant's health condition, economic situation, family relation, age, sexual behavior, environment, circumstances after the crime, etc., the court below's punishment seems to be reasonable and appropriate and is too unreasonable.
Therefore, the defendant's above assertion is without merit.
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.
However, while the court below erred by sentencing four months more than six months of imprisonment with prison labor, which is the lower court's sentencing, against the defendant, the court below did not reverse the judgment of the court below on the ground that the defendant cannot be sentenced to disadvantageous punishment against the defendant in this case that only the defendant appealed.