도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable that the punishment of a fine of three million won imposed by the court below against the defendant is too unreasonable.
2. It is recognized that the Defendant recognized the instant crime and reflected his mistake.
However, considering the fact that the Defendant’s blood alcohol concentration is 0.121% and the numerical value is not low, the amended Road Traffic Act strengthens criminal punishment by raising the statutory penalty for the crime that causes danger to the life and body of himself/herself and others, taking into account various sentencing conditions, the lower court’s statutory minimum sentence is imposed on the Defendant in consideration of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and other various circumstances that form the conditions of sentencing as indicated in the record, such as the circumstances after the crime, etc., the sentence of the lower court is too unreasonable.
Therefore, the defendant's assertion is without merit.
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.