도로교통법위반(음주운전)
Defendant
The appeal is dismissed.
1. The summary of the grounds for appeal (e.g., a fine of five million won) of the original judgment is too unreasonable.
2. The circumstances are as follows: (a) the Defendant’s mistake and reflects his fault; and (b) the Defendant is an initial offender who has no criminal power.
However, the crime of this case is a situation unfavorable to the defendant, including the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence, etc., that the defendant drives 2.5 km in the state of blood alcohol concentration of 0.263%, and the liability for the crime is not weak, and the defendant causes physical damage due to shock of vehicles during drunk driving. In full view of all kinds of sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, method and circumstance before and after the crime, it is not deemed unfair.
3. 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 groundless. It is so decided as per Disposition.