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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant had not driven a car while under the influence of alcohol, the lower court found the Defendant guilty of the facts charged of this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The sentence of a fine of KRW 4 million imposed by the court below on the defendant is too unreasonable.
2. According to the judgment of the court below as to the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the trial court, the defendant can sufficiently recognize the fact that he drives Brane car under the influence of alcohol concentration of 0.182% at the time and place indicated in the facts charged in the instant case.
Therefore, the defendant's above assertion is without merit.
3. The driving distance on the assertion of unfair sentencing is relatively short, and it is economically difficult for a basic livelihood recipient to receive an unfair sentencing, and the fact that the person’s health is not good due to the compromise, high blood pressure, etc. is recognized.
However, the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for a serious crime that may endanger the life and body of himself/herself and other persons. The crime of this case is deemed to be a driving of a vehicle under the influence of alcohol by the defendant while under the influence of 0.182% of the alcohol concentration, and the crime of this case is not easy in light of the degree of driving or the risk of drunk driving, and it does not seem that there was an imminent or inevitable circumstance that the defendant should drive in the state of drinking, there was a history of criminal punishment several times, and there was a history of criminal punishment and a history of punishment two times for the same crime, and other various circumstances, including the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime, etc., the sentence of the court below is not unreasonable.
Accordingly, the defendant's status.