도로교통법위반(음주운전)등
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.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The Defendant had been punished several times due to the same criminal act (three times of fine, one time of suspended execution), and again committed the instant crime during the suspended execution period.
The alcohol level was 0.130% higher than that of the blood alcohol level.
However, the defendant's disposal of the vehicle and the failure to repeat the crime are likely to seriously reflect on the crime.
Defendant does not cause traffic accidents, and in an elementary school, the mother has graduated from high school in an influent environment, such as influence, and has supported she and kins who have been divorced while living in the workplace in good faith.
The defendant's leakage and matrimonial engagement are leading to the defendant, and the president of the defendant's place of work and the matriarch wishing to have the defendant's place of action.
In full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;