도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
The Defendant appealed on the ground that the lower court’s punishment (one year of imprisonment and one hundred thousand won) was too unreasonable, but the amount of alcohol content is relatively higher than 0.094% in blood measured by the Defendant at the time of the instant case. The Defendant re-offending despite the history of having been punished several times due to the crime of driving alcohol, and the Defendant escaped without taking appropriate measures even after having been parked in another person’s dwelling, and in light of all the sentencing conditions as indicated in the records and changes theory, including the fact that the nature of the instant crime was bad, such as destroying another person’s dwelling, and destroying another person’s dwelling, etc., even if considering all the circumstances alleged by the Defendant, it is not recognized that the lower court’s punishment imposed on the Defendant for the reasons indicated in its reasoning is unreasonable.
Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the "Road Traffic Act" in Article 5 of the 3th sentence of the judgment of the court below shall be corrected as "(the report attached to the previous judgment, etc.)" (the previous judgment, etc.) and the "Road Traffic Act" in Article 8 of the 8th sentence shall be corrected as "the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020)" and the "No. 6" in the 14th sentence of the same paragraph shall be corrected as "No. 6".