도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The punishment of the court below (the fine of 4 million won) is too heavy in consideration of various circumstances against the defendant in light of the summary of the grounds for appeal.
2. The fact that the Defendant recognized all of the instant crimes and the driving distance is relatively short is favorable to the Defendant.
However, in full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and behavior and environment, it cannot be deemed that the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is groundless, on the ground that it is too unreasonable in light of the following: (a) there is a high potential risk of causing a traffic accident; (b) the Defendant was punished for the same kind of crime; (c) the Defendant’s blood alcohol level was higher than 0.206% at the time of the instant crime.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.