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 summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court against the Defendant is too unreasonable.
2. The judgment of the defendant has already been sentenced to a fine twice due to the crime of violation of the Road Traffic Act (driving). The defendant committed the crime of this case without being sentenced to the punishment of the defendant even though he was in the period of suspension of the execution of the crime of this case. However, the defendant led to the confession of the crime of this case, the defendant is detained on May 28, 2015 and has been detained for several months, and the social relation of the defendant seems relatively clear, and in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the situation before and after the crime, the sentence of the court below against the defendant is considered to be somewhat inappropriate, and the defendant's assertion is reasonable.
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.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. 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 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;