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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.
2. The following are the circumstances that the Defendant appears to have deeply divided and reflected the instant crime, that the Defendant is responsible for the livelihood of his spouse and children, that his family members are preventing the recidivism, and that if the judgment that sentenced the Defendant to imprisonment with prison labor becomes final and conclusive, the previous sentence of suspended execution is likely to be invalidated.
However, even if the Defendant had a large number of criminal records, and had already been placed on one occasion in 2014, the Defendant was driving under the influence of alcohol without a license during the period of suspension of execution, and the blood alcohol concentration is considerably higher than 0.159%, and the possibility that other bona fide victims could not be ruled out due to these crimes cannot be considered.
In full view of the aforementioned circumstances and various circumstances, including the Defendant’s age, character and conduct, environment, and circumstances leading to the sentencing as shown in the pleadings, the lower court’s sentence cannot be deemed to be excessively unreasonable, even if considering all favorable circumstances for the Defendant.
Defendant’s assertion is without merit.
3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.