도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (1.5 million won penalty) imposed by the defendant is too unreasonable.
2. The judgment of the Defendant shows the attitude against the Defendant when recognizing the instant crime, and the blood alcohol concentration level was not relatively higher than 0.081%, and the primary crime that had no record of criminal punishment prior to the instant case is favorable to the Defendant.
However, driving under drinking is a serious crime causing danger to the life and body of himself/herself and other persons, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime of this case, the occurrence of traffic accidents caused by the crime of this case, and the risk of drinking driving, which entails the favorable circumstances of the defendant, and the court below seems to have determined punishment by fully considering the circumstances favorable to the defendant. In light of the balance in sentencing with the sentencing with the same and similar cases, the defendant's age, sex, sex, environment, the background and method of the crime of this case, circumstances after the crime, criminal records, and all other conditions of sentencing specified in the records and arguments of this case, such as criminal records and changes, the punishment imposed by the court below cannot be deemed to be unfair because it is too inappropriate and unfair.
Therefore, the defendant's assertion is without merit.
3. As such, the Defendant’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That the application of the law of the lower judgment to the effect that “Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (excluding punishment)” is obvious that it is a clerical error in the context of “Article 148-2(2)2 and Article 44(1) of the Road Traffic Act” in the application of the law of the lower judgment, thereby changing it to “Article 148-2(2)3 and Article 44(1) of the Road Traffic Act” pursuant to Article 25(1) of the Regulation on Criminal Procedure.