도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (two months of imprisonment and two years of suspended execution) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The crime of this case is found to be disadvantageous to the defendant, such as the fact that the defendant driven a car while under the influence of alcohol and the fact that the criminal liability is heavy in light of the content of the crime, and that the defendant's blood alcohol concentration is very high.
However, considering the fact that the defendant led to the confession of the crime of this case, there is no history of crime exceeding the fine, that the defendant has no record of crime beyond the fine, that the defendant's condition of health is not good due to alcohol-related diseases, disposal types, etc., that the defendant's wife is in a U2ambia, that the defendant is dismissed from the public office due to the crime of this case, that the defendant is in a position where economic difficulty is considerably difficult, and that other circumstances, which form the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., are too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is identical to each of the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;