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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Although the defendant is recognized to commit the instant crime and reflects the Defendant, the defendant has been punished five times due to drinking or non-licensed driving (limited to four times a punishment, one time a suspended sentence), and in particular, on March 28, 2017, he/she was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor due to drinking or non-licensed driving at the Changwon District Court Jinju branch on March 28, 2017;
4. 5. The judgment became final and conclusive, and in light of the fact that the Defendant committed the instant crime under the influence of 0.260% alcohol level among the blood transfusion on April 2, 2017, five days after receiving the said judgment, there is a need to strictly punish the Defendant.
In full view of such circumstances and the fact that there is no special relationship or change of circumstances that can be newly considered in the trial, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, including the Defendant’s age, environment, sex, motive for committing a crime, and the circumstances before and after committing a crime, it cannot be deemed that the sentence of the lower court is too unreasonable.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.