도로교통법위반(음주측정거부)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The sentencing of the lower court (a fine of five million won) is too large and unreasonable.
2. There are extenuating circumstances, such as the fact that the Defendant was in the same place, but the Defendant did not have been sentenced to punishment as before the previous 70th sentence, led to the confession of the crime, and led to a friendly dispute with his relative, refused to take a drinking test in the sound mind for the police officer who was requested to take a drinking test from the police officer dispatched due to the report of friendly relationship with friendly relationship, and the Defendant’s wife supported by the Defendant is not in a state of health as class 2 of the physical disability.
In addition, considering all of the sentencing conditions shown in the pleadings of the instant case, such as the family relationship, living environment, and circumstances after the crime, the sentence of the lower court is too unreasonable.
3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act ( considered as favorable circumstances in the above);
1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;