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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., 10 months of imprisonment) by the lower court is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). It is favorable for the Defendant to recognize and reflect the instant crime, and to support the Defendant’s family.
However, the Defendant had been punished for the same kind of crime several times, and in particular, due to the crime of drunk driving committed by the Defendant around June 2017, the Defendant was sentenced to imprisonment of two years on January 10, 2018 and was in the period of suspension of execution on January 10, 2018, and committed the instant crime without being aware of the fact that the Defendant committed the instant crime without being aware of the fact that he was in the period of suspension of execution. The blood alcohol concentration (0.135%) higher and the odometer (0.135 km) was not short.
The court below determined punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions different from those of the court below in the judgment following the pronouncement of the court below.
In addition, taking into account all the factors of sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, and equity in sentencing, etc., it cannot be deemed that the lower court’s punishment is unreasonable because it goes beyond the reasonable scope of discretion.
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.