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(영문) 서울고등법원 2012.12.28 2012노3294

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the summary of the grounds for appeal (unfair form) of the defendant's same kind of power, etc., the sentence of the court below (a fine of KRW 5 million, KRW 50 million per day, KRW 50,000 per day, KRW 50,000 per day, and KRW 10,00)

2. The following are the circumstances favorable to the Defendant: (a) the Defendant’s driving distance in the instant case is not long; (b) the Defendant appears to be against his fault; and (c) the primary school students’ children and their parents, who supported their parents after the divorce on February 2, 2012, have fulfilled their duty to support for their families in a relatively sincere and sincere manner.

The Defendant’s blood alcohol content is very high as 0.182% at the time of the instant crime. The Defendant was discovered while driving under the influence of alcohol on October 31, 2008, and was sentenced to a fine of KRW 70,000,000 as a result of being discovered while driving under the influence of alcohol on October 31, 2008, and a fine of KRW 1,50,000 after being discovered while driving under the influence of alcohol on February 19, 2012, despite the record of being sentenced to a fine of KRW 0.0,00,000, the Defendant committed the instant crime again for five months and more, and the Defendant is highly likely to be damp. The Defendant’s erroneous mind was not making efforts to improve his or her family life, but rather making efforts to rationalize his or her wrong habits, and thus, the Defendant seems to have any difficulty in rationalizing his or her normal life due to the rationalization of the crime.

In addition, considering the following conditions, the sentence of the court below is deemed unfair because the sentence of the court below is just.

3. In conclusion, the prosecutor'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 it is again decided as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence.