Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. The circumstances favorable to the Defendant may be considered in light of the following: (a) the Defendant’s failure to repeat the offense; and (b) the family members and the branch members want the Defendant’s prior wife.
However, even though the Defendant had been punished twice due to drinking driving, and one of them was faced with a suspended sentence, the Defendant committed the instant crime during the suspended sentence.
The Defendant was under the influence of alcohol concentration of 0.096%, and was under the influence of alcohol, and was under the influence of driving, resulting in a large risk on the road by diving from one lane on the road while driving.
The lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account various favorable or unfavorable circumstances to the Defendant, including the aforementioned circumstances, and there is no special change in circumstances that may change the sentencing after the lower judgment.
In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and criminal records, various sentencing conditions shown in the records and arguments of this case, it does not seem that the sentence of the court below against the defendant is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.