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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment, 10 months of probation, 2 years of probation, 120 hours of community service order, 40 hours of attendance order) that the court below sentenced is too unreasonable.
2. The judgment of the court below is that the defendant does not repeat the crime while disposing of a motor vehicle. After the sentence of the court below, the defendant is making efforts to avoid repeating the crime by receiving advice on screening alcohol-related pre-examination and the prevention of recurrence of drinking driving from a specialized institution. The fact that the defendant seems to have been driving for performing duties in the workplace is favorable to the defendant.
However, the Defendant had already been punished four times due to drunk driving (including without a license for one of them), but was driving under the influence of blood alcohol concentration of 0.122% without a license at the same time.
The traffic accident has occurred while driving and the distance of driving is very long.
On the trial date of the first instance court, the detention warrant was issued in an unfaithful manner, such as having been absent at least four times, etc.
In light of the above circumstances favorable to or unfavorable to the Defendant, the lower court appears to have determined the punishment within the reasonable scope of discretion, and there is no special circumstance to change the sentencing after the lower judgment.
In addition, examining the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing indicated in the instant records and pleadings, even if the Defendant considered the possibility of dismissal in the workplace and other circumstances newly asserted in the trial, it is not deemed unfair that the Defendant’s sentence against the Defendant is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.