도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the punishment of the fine of two million won imposed by the court below is too unreasonable.
2. It is recognized that the circumstances such as the Defendant’s failure to keep the distance from driving by the instant crime, the fact that all of the instant crimes are recognized and reflected, and that the Defendant is faced with economic difficulties.
However, in full view of all the circumstances, including the Defendant’s age, environment, family relationship, occupation, and the background of the instant crime, the sentence of the lower court cannot be deemed to be unreasonable, in light of the following: (a) the Defendant driven a vehicle under the influence of 0.08% of blood alcohol level; (b) the Defendant was punished for the same kind of crime before; and (c) the Defendant appears to have been sentenced to a fine of KRW 2 million reduced compared to the summary order in consideration of the aforementioned circumstances favorable to the Defendant; and (d) the Defendant’s age, environment, family relationship, occupation, and the circumstances leading to the instant crime.
Defendant’s assertion is without merit.
3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.