도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.
2. There are extenuating circumstances, such as the fact that the defendant recognized the instant crime and reflected in the judgment on the grounds for appeal.
However, considering the fact that the Defendant driven while under the influence of alcohol 0.11%, the blood alcohol level is relatively high, and the risk of traffic accidents caused by driving under the influence of alcohol, the Defendant requires strict punishment for driving under the influence of alcohol, and the Defendant has already been subject to the disposition of transferring juvenile protection cases caused by driving under the influence of alcohol twice, and there is a history of being punished several times for a different kind of crime such as violence, etc., and the sentence of the lower court is the lowest statutory penalty against the Defendant.
In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.
3. 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.