도로교통법위반
The judgment of the court below is reversed.
A defendant shall be punished by a minor fine of 30,000 won.
The defendant shall pay the above minor fine.
1. The summary of the grounds for appeal is that the punishment (100,000 won penalty) imposed by the lower court is too unreasonable and unfair (the Defendant explicitly withdraws his assertion of misunderstanding as to the facts on the first trial date of the first trial of the first instance court). 2. Determination as to the grounds for appeal, there is a need to strictly punish the refusal of passengers in order to establish traffic order and promote people's convenience, and there is a history of punishment for fines or suspension of execution, which is disadvantageous to the Defendant.
However, in light of various circumstances, including the Defendant’s age, sexual conduct, intelligence and environment, motive and background of the instant crime, means and consequence of the instant crime, circumstances after the instant crime, criminal records, family relationship, economic situation, etc., the Defendant’s punishment imposed by the lower court is somewhat unreasonable to maintain it as it is, and thus, the Defendant’s assertion is reasonable.
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, and it is again decided as follows.
Criminal facts
The gist of the facts constituting an offense and evidence acknowledged by the court below is as follows: (a) the Defendant’s partial statement in the column of “a summary of the evidence” in the reasoning of the judgment below to “1. The Defendant’s oral statement” is identical to each corresponding column of the judgment of the court below, and thus, the gist of the facts constituting an offense and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Selection of a minor fine under Article 156 subparagraph 1 of the Road Traffic Act and Article 50 (6) of the same Act concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The order of provisional payment;