2017No4087 Violation of the Road Traffic Act (driving)

A

Defendant

Epics (prosecutions) and motions (public trials)

Seoul Central District Court Decision 2017Da6144 Decided October 24, 2017

January 25, 2018

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The punishment of the lower court (limited to eight months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

2. Determination

A. The Defendant was punished for a fine of KRW 4 million (0.188% in blood alcohol concentration) on December 22, 2014 due to drunk driving, and for a fine of KRW 2 million (0.068% in blood alcohol concentration) on December 30, 2016, on two or more occasions, and committed the instant drunk driving with the blood alcohol concentration of KRW 0.194% inasmuch as he/she had the record of violation on two or more occasions.

Although the defendant reflects his mistake, it was reoffending in a short period, and the blood alcohol concentration of this case is high as 0.194%.

B. In full view of the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, and circumstances after the crime, the lower court’s punishment is determined within the scope of the sentencing discretion, and it cannot be deemed that it is too unfair.

3. Conclusion

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

The presiding judge, senior judge and senior judge

Judges Park Jong-ho

Judges Lee Jae-in