도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The main sentence of the grounds for appeal is too uneasible and unreasonable.
2. It is recognized that the judgment of the defendant recognized the crime of this case, that there was no accident due to drinking driving, and that the criminal records of the defendant were eight years prior to the same crime.
However, in full view of the following circumstances: (a) the Defendant’s blood alcohol concentration at the time of detection was 0.147% and the Defendant’s blood alcohol concentration at 0.147%, and (b) the amended Road Traffic Act, which greatly strengthened statutory punishment by reflecting public opinion demanding strong punishment for drunk driving, reflecting the public opinion demanding strong punishment for driving, was implemented; and (c) the Defendant, who has the same criminal records, once again caused the instant crime in a socially widely known situation through media reports, etc., is deemed to have committed the instant crime; and (d) in full view of various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character, occupation, occupation, family relationship, motive, means, and consequence of the instant crime, the lower court’s sentence that sentenced the Defendant to the lowest
3. The appeal by the prosecutor of the conclusion is with merit, and the judgment of the court below is reversed, and it is decided as follows.
[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.
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 for the detention of a workhouse;
1. The grounds for reversal of sentencing under Article 334(1) of the Criminal Procedure Act and all of the sentencing conditions indicated in the record shall be determined as ordered by taking into account the following factors.