도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below on the defendant (three million won of fine) is too unreasonable.
2. Although there are extenuating circumstances such as the Defendant’s violation of his mistake, considering that the Defendant’s blood alcohol content at the time of the instant crime reaches 0.122% and the distance of drunk driving is not shorter than that of the Defendant at the time of the instant crime, comprehensively considering the purpose of the revision of the Road Traffic Act, the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, etc., the Defendant’s punishment imposed by the lower court is unreasonable, and the 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 since it is without merit. It is so decided as per Disposition.