도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.
2. The facts that the judgment defendant led to confession of the facts of the crime and reflects on the facts of the crime, and that he/she suffered physical and economic difficulties as a recipient of basic living for the disabled of class 2 with hearing disabilities are favorable to the defendant.
However, even though the Defendant had been punished by a fine of KRW 3 million for driving under the influence of alcohol in 2003, a fine of KRW 2 million for driving under the influence of alcohol in 2012, and a fine of KRW 3 million for driving under the influence of alcohol in 2013, the Defendant again committed the instant crime; the alcohol concentration at the time of driving under the influence of alcohol in this case is considerably higher than 0.102%, and there was no special change in the trial; the Defendant did not have any other circumstances especially changed in the trial; and the Defendant’s age, environment, sex behavior, motive for committing the instant crime, circumstances before and after committing the instant crime, etc., it cannot be deemed unfair because the lower court’s punishment is too excessive.
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.