The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below (one year and two months of imprisonment) 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant acknowledges and reflects the mistake, disposes of the vehicle, and the fact that the health status is not good is favorable to the Defendant.

However, the defendant has been punished several times due to drinking and driving without a license, and in particular, even though he was sentenced to the suspension of the execution of imprisonment for the crime of violation of the Road Traffic Act on April 28, 2020, he was sentenced to the suspension of the execution of imprisonment for the crime of violation of the Road Traffic Act on April 28, 2020, and he was under the influence of drinking and driving without a license after three weeks.

In addition, comprehensively taking account of the following facts: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and blood alcohol concentration, there is no new change in the sentencing conditions and new circumstances that may change the sentence of the lower court in the trial, the lower court’s punishment is too unreasonable because it goes beyond the reasonable scope of discretion.

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.