도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The defendant had a record of punishment seven times (five times of fine, five times of suspended execution, two times of suspended execution) due to the same drinking driving or unlicensed driving, and in particular, the fact that the defendant committed the crime of this case again at least ten days after the judgment of suspended execution became final and conclusive, etc. is recognized as an unfavorable circumstance to the defendant.
However, in full view of all the facts constituting the crime of this case, the defendant recognized his mistake, the distance of drunk driving is short, and the risk of drunk driving is not realized because the accident occurred due to the crime of this case, the defendant has no record of being sentenced to the same kind of crime, and the defendant seems to have sufficiently faced with the seriousness of punishment due to the repetition of drunk driving while being detained for a considerable period of time due to the crime of this case. The defendant suffers from diseases, such as anti-competitive disorder, and supports her parents, and other circumstances that form the sentencing conditions indicated in the records such as age, character, character, environment, occupation, circumstance and contents leading to the crime of this case, circumstances after the crime, health conditions, etc., the sentence of the court below is somewhat inappropriate.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with 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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license).