도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 2.5 million imposed by the court below against the defendant is too unreasonable.
2. The crime of this case is acknowledged that the defendant driven a car while under the influence of alcohol 0.093% of alcohol content and the case is not less than that of the principal offender in light of the state of alcohol, and that the defendant had the records of punishment for the same kind of crime.
However, the defendant recognized the crime of this case and reflects his mistake, and the crime of this case is committed between the defendant and the substitute engineer, and the defendant who is faced with a difficult situation to stop driving and stop driving on the road and set up a car on the road, operating around 30 meters of the above vehicle in order to leave the above vehicle in the parking lot. There are circumstances to consider the circumstances leading to the crime of this case, and driving distance is relatively short; the defendant has no criminal record other than fines; the defendant has to support his mother; the health conditions are not good due to traffic; the defendant's age, environment, family relations, occupation, circumstances leading to the crime of this case, and circumstances after the crime, etc.; and the sentencing conditions as shown in the records and arguments are inappropriate.
Therefore, the defendant's argument is justified.
3. 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
On June 25, 2013, at around 16:49, the Defendant driven a B car under the influence of alcohol with approximately 30 meters alcohol concentration of about 0.093% from the street in front of a small report in the Sogsan-dong of Busan to the OKW golf parking lot located in the same Dong.
Summary of Evidence
The summary of evidence of the defendant's facts constituting the crime recognized by this court shall be recorded in the corresponding column of the judgment below.