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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 1,00,000) is too unreasonable.
2. The judgment of the Defendant is a primary offender, and the circumstance, such as the fact that the Defendant did not cause a traffic accident due to the instant crime, is recognized.
However, at the time of committing the instant crime, the Defendant’s blood alcohol content is relatively high as 0.096%; the lower court determined a punishment by lowering the amount of fine as determined by the summary order by taking account of the grounds, etc. that the Defendant had already asserted at the lower court; and considering all of the sentencing conditions indicated in the instant records, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; the lower court’s punishment cannot be deemed appropriate and too unreasonable; thus, the Defendant’s above assertion is without merit.
3. Therefore, 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 groundless. It is so decided as per