도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. In light of the fact that the defendant is sentenced to a fine of not less than two million won and is subject to compulsory departure, the sentence of the court below is excessively unreasonable.
2. Determination ① The favorable circumstance is that the Defendant recognized the instant crime.
② However, in full view of all the circumstances, including the fact that the Defendant had been punished by a fine of KRW 3 million for the crime of violation of the Road Traffic Act in 2013, and again committed the instant crime, the Defendant’s blood alcohol level is 0.131%, the distance of the Defendant’s driving is about 30km, the general sentencing for the same case, the minimum statutory penalty for the instant case is 3 million won, and the details, means, results, and circumstances after the instant crime, etc., the lower court’s sentence cannot be deemed to be unreasonable because it is excessively unreasonable.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.