도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The Defendant recognized all of the crimes of this case and reflected in the instant case.
The defendant suffers from economic difficulties and shall support his/her parents.
Circumstances unfavorable to the defendant are as follows:
In 2003, the defendant was sentenced to a fine of three million won or more and a crime of violating road traffic laws in violation of the Road Traffic Act. The defendant was sentenced to a suspended sentence of two years in October.
At the time of the instant case, the alcohol concentration among the blood of the Defendant is not lower than 0.189%.
The defendant, while drunk, stops a motor vehicle on two-lanes in danger of traffic accident, and was arrested by the defendant.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.
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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.