Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.
2. The judgment is in depth divided and reflected in the crime of this case, the sentence of the previous suspended sentence may be invalidated if the judgment that sentenced the defendant to imprisonment with prison labor becomes final and conclusive, and the family relationship of the defendant is favorable to the defendant.
However, the Defendant has already been punished several times including drunk driving, etc., and even though he was sentenced to a suspended sentence due to drinking driving, etc., he/she also drives the instant drinking while he/she did not obtain a license during the suspended sentence, and the blood alcohol concentration of drunk driving is not lower than 0.114%, and the possibility that the victim may incur from such repetitive crimes cannot be ruled out.
In full view of the aforementioned circumstances and circumstances, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be excessively unreasonable even if considering all favorable circumstances for the Defendant.
Defendant’s assertion is without merit.
3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.