도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15,000,000.
The above fine shall not be paid by the defendant.
Summary of Grounds for Appeal
The sentence of the lower court (one year of imprisonment, two years of suspended execution, two years of probation, community service order, 120 hours of community service order, and 40 hours of the compliance driving lecture) is too unreasonable.
2. The judgment of the defendant is an unfavorable condition to the defendant, such as the fact that he/she once drives alcohol despite his/her history of punishment for drinking alcohol, and that he/she had a high blood alcohol level at the time of detection.
However, in full view of the favorable circumstances, such as the fact that the defendant acknowledges and reflects the crime, the fact that the defendant disposes of the vehicle and does not repeat the crime, the fact that there is no criminal record other than the fine due to the above drunk driving, and other factors of sentencing as shown in the proceedings of pleadings in this case, such as the defendant's age, character and conduct, occupation, home environment, motive for the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. In determining the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by comprehensively taking account of the various sentencing grounds for the above grounds for appeal.