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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant: (a) was drank one disease in a son after the instant crime; (b) so, the alcohol concentration in the blood was 0.205%; and (c) was lower than that at the time of driving.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5.5 million) is too unreasonable.
2. Determination:
A. In full view of the following facts and circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant drank 1 bottled after parking the instant vehicle.
It is difficult to see that the blood alcohol concentration during the operation of the instant vehicle is 0.205%, and the name may be fully recognized.
① The Defendant, while driving the instant vehicle and parking at a few seconds, went to the police box box box located at the vehicle.
② At the time of the police investigation, the Defendant alleged that he had drinking only on a vehicle without drinking alcohol at a singing room at the time of the police investigation, and the Defendant reversed his statement by asserting that he had drinking at a singing room and parked the instant vehicle at the stop of the police box after driving the vehicle at a singing room.
③ It is difficult to recognize that the Defendant drank one illness during a very short period of time from several seconds in light of the empirical rule.
(4) The defendant has drank in a vehicle.
There is no evidence such as a small-scale soldier's disease or a purchase receipt.
B. The distance of the Defendant’s vehicle driving for parking is less than 3 meters. The Defendant is a recipient of basic living benefits with interest.
However, at the time of crime, the alcohol concentration in the blood is very high to 0.205%.
Although the defendant's parking of the vehicle is due to the fact that he dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty.