도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (4 million won of fine) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the prosecutor applied for changes in the indictment of the first instance to the "unregistered" of the charges against the defendant at the trial of the court below, and the subject of the judgment was changed by this court's permission, so the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is made through oral argument.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in each corresponding part of the judgment of the court below, except where the "Unregistered" under Article 369 of the Criminal Procedure Act, which is stated in the crime No. 1 of the judgment of the court below, is deemed as "not covered by mandatory insurance," and all of the judgments of the court below are the same as "report on the Investigation Results."
Application of Statutes
1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
1. Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act of concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant committed the instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.