Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 7 million) is too unreasonable.
2. The judgment that the Defendant recognized the instant crime and reflects the mistake, that the Defendant’s health condition is not good, and that the Defendant would not repeat such mistake again.
It is hard to say that it is favorable to the defendant.
On the other hand, the crime of this case is a case where the defendant, who has been punished twice or more due to drinking driving, drives drinking, and the nature of the crime is not less than that of the defendant, and the defendant has already been subject to criminal punishment several times due to the same crime, and the driving of drinking is a crime that may cause serious harm to the life and property of another person, and thus, it is necessary to punish the defendant strictly.
In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.
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.