도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable as the lower court’s punishment (eight million won by fine) is too unhued.
2. Ex officio determination: “A person who commits a crime equivalent to or greater than imprisonment without prison labor within three years after the execution of the sentence is completed or exempted,” and “a person who commits a crime equivalent to or greater than imprisonment without prison labor” in this context refers to a case where the chosen sentence (or the sole statutory penalty) is a limited imprisonment or limited imprisonment without prison labor. Thus, where the selected sentence is death penalty, life imprisonment, fine, etc., a repeated crime cannot be aggravated (see, e.g., Supreme Court Decision 95Do1637, Apr. 11, 1997). The lower court determined a repeated crime while choosing a fine for the crime of violating the Road Traffic Act of this case (driving) while imposing a repeated offense, the lower court became unable to maintain more in this respect.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal.
Criminal facts
The summary of the facts constituting a crime and evidence acknowledged by this court is as follows: "The defendant was issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Cheongju District Court on November 25, 2008, and on October 24, 2013 at the Incheon District Court on October 31, 2013, as a crime of violation of the Road Traffic Act (driving) due to driving under the influence of alcohol on October 31, 2012, and the judgment became final and conclusive on November 1, 2013." The summary of the facts constituting a crime in the judgment of the court below is as follows: "A previous conviction in the judgment of the court on November 1, 2013," and all of the facts constituting a crime in the judgment of the court below are as stated in the corresponding column of the court below except for the criminal records, investigation reports (a summary order), case agreement auxiliary meetings, and each written judgment.