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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (one year of imprisonment) is too unreasonable.
2. The circumstances favorable to the defendant may be considered in light of the fact that the defendant does not repeat the crime, and that the family members of the defendant want to have the defendant's wife.
However, the Defendant committed the instant crime even though he was punished five times due to drinking driving, refusal of drinking alcohol measurement, non-licensed driving, etc., and one of them was under suspension of execution.
The Defendant, without a driver’s license, driven under the influence of alcohol concentration of 0.078%.
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. 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.