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The defendant's appeal is dismissed.
Reasons
The main sentence of the appeal is too heavy.
2. It is recognized that the judgment of the defendant shows the attitude of recognizing and opposing the crime of this case, that the defendant's driving distance is not long and traffic accidents occurred in the course of the crime, that the defendant's family and branch members want to take the front line, and that the defendant is highly likely to receive compulsory eviction order if the sentence of the court below becomes final and conclusive as a foreigner.
However, the crime of this case was committed by the Defendant, who was under the influence of alcohol driving, who was prosecuted for repeated driving of alcohol and was subject to the suspension of the execution of imprisonment for a limited term of six months thereafter, and thus, it is inevitable to impose severe punishment on the Defendant for the reason that he/she again gets under the influence of alcohol concentration of 0.113% during the period of the suspension of the execution of the punishment.
Article 46 (1) of the Immigration Control Act provides that "the head of a Regional Immigration Service may force any of the following foreigners to leave the Republic of Korea in accordance with the procedures provided for in this Chapter, in accordance with the procedures provided for in this Chapter: (a) the head of the Regional Immigration Service may force any of the following foreigners to leave the Republic of Korea in accordance with the procedures provided for in this Chapter: (b) the head of the Regional Immigration Service may force any of the following foreigners to leave the Republic of Korea:
"........"
Even if the defendant is sentenced to a fine of higher amount, such compulsory eviction order is not entirely possible. Thus, according to Articles 46(1)3 and 11(1)3 and 11(1)4 of the Immigration Control Act, the defendant may engage in conduct detrimental to the interest or public safety of the Republic of Korea, or undermine economic order or good social order.