(영문) 창원지방법원 2020.05.07 2019노2817



The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12,000,000 won.

The above fine shall not be paid by the defendant.


1. The summary of the grounds for appeal (e.g., imprisonment and two months of probation, two years of probation, 80 hours of community service order, 40 hours of order to attend a compliance driving lecture) of the court below is too unreasonable.

2. In light of the fact that the Defendant had the record of punishment for driving under the influence of alcohol, but the Defendant committed the instant crime while recognizing the entire crime of this case, and there are circumstances that could be somewhat taken into account the circumstances of driving without driving the distance of driving, the driving under the influence of alcohol does not lead to traffic accidents, the Defendant has no record of punishment exceeding the fine, and other circumstances of sentencing as shown in the records and arguments, such as the Defendant’s age, character, character, environment, health conditions, the circumstances after the crime, etc., it is deemed unfair that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, the summary of the evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into consideration the various circumstances described in the Defendant’s argument of unfair sentencing prior to the sentencing.