도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a year and a fine of KRW 500,000.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, a fine of 500,000) of the lower court is too unreasonable.
2. Considering that the statutory punishment for a drunk driving crime has been continuously aggravated due to serious social harm caused continuously by the judgment and changes in the legal sentiment of the general public, it is more favorable to the following: (a) the crime of drunk driving requires a strict punishment; (b) the Defendant has three-time criminal records of fines due to the drunk driving; (c) the blood alcohol concentration (0.142%) high; and (d) the Defendant has not agreed with the victim of the injury; (b) the Defendant has committed the instant crime at a court; (c) the degree of injury has not been serious; (d) the Defendant has not committed the instant crime; (c) there has been no criminal records exceeding the fine due to the drunk driving; and (d) the fact that there has been no criminal records of the drunk driving for more than 10 years since he was sentenced to
In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the sentencing cases of similar cases, the equity in punishment, and other various sentencing conditions shown in the pleadings, such as the defendant's age, character and conduct, environment, etc., the court below's punishment is deemed unreasonable, and therefore the defendant's assertion is reasonable
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.
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 legal provisions concerning the facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and Article 257 (1) of the Criminal Act (the occupation of injury and the selection of fines);
1. Of concurrent crimes, the former part of Article 37, Article 38(1)3, and Article 50.