도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The Defendant recognized the instant crime and runs against the Defendant.
At the time of the instant crime, the Defendant’s blood alcohol concentration is 0.080% and the level of alcohol is not high.
The defendants are faced with economic difficulties.
Circumstances unfavorable to the defendant are as follows:
The Defendant again committed the instant crime even though he/she had been punished for each of the fines on three occasions by driving without a license (at least ten years prior to one of them), and driving under drinking (at least ten years prior to two of them), and he/she again committed the instant crime.
In 2012, the defendant has been sentenced to imprisonment for a crime of fraud.
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.
Defendant’s 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.