도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The circumstances that are disadvantageous to the Defendant are the following: (a) the Defendant had the record of having been punished several times for the same kind of crime; (b) the Defendant committed the instant crime during the suspended execution period, even though not for the same kind of crime; and (c) the blood alcohol concentration (0.174%) at the time of driving.
However, the fact that the defendant recognized the crime of this case and is in profoundly against the defendant (the defendant was detained for not less than two months after the date of the judgment of the court below). Since disposing of the vehicle after this case and again stop driving under influence of alcohol, the distance of the defendant's driving under drinking conditions is short, the defendant's health conditions such as receiving hospitalized treatment three times only in 2014 due to the climatic trends accompanied by the nephical disease certificate, the climatic trend accompanied by the climatic disease and the climatic signboard disorder, etc., and it seems that the suspended sentence of the previous sentence will be invalidated after the judgment of the court below becomes final and conclusive, taking into account various sentencing conditions indicated in the records, such as the defendant's age, character and conduct, family relations, the background and motive of the crime, and the circumstances after the crime, it is deemed that the sentence (six months of imprisonment) imposed by the court below is too unreasonable.
2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;