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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of eight million won) by the lower court is too unreasonable;
Although the Defendant stated a mistake in the statement of reasons for appeal, the Defendant explicitly withdrawn the above argument on the first day of the trial.
2. Determination
A. It is recognized that the Defendant committed the instant crime for the first time in the trial, namely, the time when committing the instant crime, the fact that he supports his mother, and the fact that his health status is not good.
B. However, in full view of the fact that the defendant has the same criminal power, driving under the influence of alcohol is a dangerous criminal that may cause serious harm to the life or body of others as well as the principal, the blood alcohol concentration at the time of driving of this case is 0.241% high, the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances before and after the crime of this case, and all other sentencing conditions as shown in the argument of this case, etc., the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit.
C. Meanwhile, even though the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act (non-licensed driving) ex officio are in a mutually competitive relationship, the court below erred by applying substantive concurrence among the above crimes. However, even if the court below erred by the evaluation of the number of crimes as above, it is difficult to see that such errors by the court below did not have any difference in the scope of punishment, thereby affecting the conclusion of the judgment (see, e.g., Supreme Court Decision 2002Do7335, Feb. 28, 2003). Thus, the judgment of the court below shall not be reversed for such reason.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
(However, the judgment of the court below under Article 25 of the Regulation on Criminal Procedure.