도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 5,00,000) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The defendant recognized the crime of this case and is against the law.
The defendant is a person with a disability of the third degree of brain lethy disability.
The defendant has a mother in need of support.
The defendants are faced with economic difficulties.
Circumstances unfavorable to the defendant are as follows:
At the time of the instant crime, the alcohol concentration among the blood of the Defendant is 0.232% high.
The defendant has a record of being punished by a fine on two occasions due to driving of drinking.
In addition to the above circumstances, 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 arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unduly unreasonable.
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.