도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of KRW 3,00,000) imposed by the lower court is too unreasonable.
2. In light of the fact that the Defendant previously had the record of punishment for drinking driving, and that the Defendant’s blood alcohol concentration is considerably high, the Defendant’s responsibility is not easy.
However, there is room to consider the circumstances in view of the defendant's driving in order for the defendant to move his car to a place where it does not interfere with traffic on the road on the wind that the defendant has committed a crime and the proxy driver stops his car on the road and throw away his car on the road.
(A) Although a substitute driver stops the Defendant’s vehicle at the entrance of a three-lane road and a B apartment, the Defendant’s vehicle is not completely obstructed the road. However, since the vehicle of the Defendant is too long from the point where the Defendant stops the vehicle, the vehicle with a long distance and the vehicle seeking to move to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right of the vehicle is relatively short of the
Considering these circumstances, the sentencing of the court below is somewhat inappropriate.
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.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of a fine for criminal facts; and the choice of a fine.