도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.
B. However, in full view of the following circumstances: (a) the Defendant had the past history of punishment for driving under drinking; (b) driving under drinking brings about harm to the life and body of others as well as the driver; (c) there is a need to severely punish him; (d) driving of a vehicle in a state of drinking alcohol concentration of 0.101%; (c) there is no special change in circumstances after the pronouncement of the lower judgment; and (d) there is no change in circumstances after the sentence of the lower judgment; and (e) other circumstances that are the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime, and circumstances after the crime, even if considering the favorable circumstances of the Defendant as seen earlier, the lower court’
Therefore, the defendant's above 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.