도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The Defendant recognized all of the crimes of this case and reflected in the instant case.
The defendant has no record of criminal punishment for the same crime.
Circumstances unfavorable to the defendant are as follows:
The defendant's blood alcohol concentration is not lower than 0.109%.
The risk of driving alcohol has been realized due to the occurrence of an accident that leads to the shock of the victim's vehicle due to the driving of the defendant's drinking.
Although the Defendant did not acquire a driver’s license, he driving a motor vehicle over about 10km.
In addition, 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 the previous theories, such as the circumstances after the crime, the lower court’s punishment is too 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.