도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of fine) is too unreasonable.
2. The decision-making defendant recognized his criminal act and re-influence from driving under the influence of alcohol.
The blood alcohol concentration level at the time of the pertinent drunk driving is not 0.079% high.
Such circumstances are favorable to the defendant.
However, even though the Defendant was sentenced to a fine twice due to the crime of drunk driving and was sentenced to a suspended sentence of 8 months in 2011, the Defendant again committed the crime of drunk driving and non-licensed driving in this case during the period of the suspended sentence.
Such circumstances are disadvantageous to the defendant.
In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of 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.