도로교통법위반(음주운전)
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. The judgment of the Defendant is highly likely to commit a crime, since the Defendant was driving under the de facto spreading of 0.112% alcohol concentration during blood.
In addition, even though the defendant was punished twice by a fine due to drinking driving, he is highly likely to be subject to criticism due to driving again.
In addition to these circumstances, when considering the following factors: (a) conditions for sentencing such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime; and (b) the maximum amount of a fine of three million won as determined by the law regarding the crime in the original judgment, the sentence of a fine of three million won imposed by the court below against the Defendant is too unreasonable because it is within the reasonable scope of discretion.
Therefore, the defendant's appeal 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.