The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the judgment of the first instance court that the sentencing of the first instance is deemed to have exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing as shown in the course of the first instance sentencing review and the sentencing criteria, or that maintaining the sentencing of the first instance court is unreasonable in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and did not find any circumstances to be newly considered in the trial.

In particular, considering the fact that the Defendant had a history of having already been punished five times or more due to drinking driving and the license was revoked due to driving under the influence of alcohol, again, the Defendant was under the influence of driving under the influence of alcohol without a license, that the Defendant was sentenced to a suspended sentence of imprisonment for a crime that includes driving under the influence of alcohol, and that the blood alcohol concentration at the time of driving is very high, a strict punishment against the Defendant is inevitable.

In addition, the lower court sentenced the lower court’s sentencing by fully taking account of the favorable circumstances alleged by the Defendant.