도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.
2. The judgment of the defendant has a record of being detected and punished by drinking twice in 2009 and around 2010, and the driving of drinking is a serious crime that may cause harm to the life and body of himself/herself and others, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory penalty for it, and is disadvantageous to the defendant.
However, considering the favorable circumstances, such as the fact that the Defendant recognized the instant crime, the blood alcohol concentration in the Defendant’s blood at the time of the instant crime was not high by 0.054%, and all of the same criminal records have passed for at least five years, and that at the time, the blood alcohol concentration in each blood was not relatively high by 0.051% and 0.094% at the time of the instant crime, and other favorable sentencing conditions, such as the Defendant’s age, sex, environment, economic condition, and circumstances after the instant crime, etc., the sentence imposed by the lower court is unreasonable.
Therefore, the defendant's above assertion is justified.
3. As such, the defendant's appeal is with merit, and 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 again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;
1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (In determining the grounds for appeal, the grounds for sentencing favorable to the defendant shall be considered);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;