Text
The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 5,00,000) is too unreasonable.
2. Determination: (a) the Defendant acknowledges and reflects all of his criminal acts; (b) the vehicle operated by the Defendant is a motor device and the driving distance is relatively short; (c) the lower court appears to have sentenced the lowest statutory penalty to the Defendant, taking into account all the favorable circumstances as above; (d) the Defendant was sentenced to imprisonment for eight months and two years of suspension of execution at the Ulsan District Court on October 17, 2014; and (e) on October 25, 2014, the said judgment became final and conclusive on October 25, 2014, and again committed the instant criminal act during the period of suspension of execution; (c) the instant drinking value was relatively higher than 0.162%; (d) the Defendant was punished twice by a fine for the same kind of drinking and non-licensed driving; and (e) other factors, such as the Defendant’s age, sex, home environment, motive and background of the criminal act; and (e) the means and consequence before and after the criminal act.
3. In conclusion, 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. It is so decided as per Disposition.