도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.
2. In light of the following circumstances: (a) the Defendant’s mistake recognized by himself/herself, and the fact that there was no record of punishment for the same kind of crime, etc., which is favorable to the Defendant; or (b) the Defendant’s blood alcohol concentration was not lowered at the time of the instant case; and (c) the Defendant’s age, sexual behavior, family relationship, environment, motive for committing a crime, and the circumstances of sentencing indicated in the record, it is difficult to view that the lower court’s decision to impose a fine against the Defendant and the sentence that sentenced the lower limit of statutory penalty is too excessive and unfair.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.