도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder or mental disability at the time of committing the instant crime.
B. The sentence of a fine of two million won imposed by the court below on the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to two years of imprisonment by the Busan High Court on August 28, 2014 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc., and that the above judgment became final and conclusive on September 29, 2014. The above crime and the crime in the judgment of the court below, which became final and conclusive, are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by a punishment after considering equity and consideration of mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act, so the judgment of the court below which did not take such measures
However, despite the existence of the above reasons for ex officio reversal, the defendant's defectiveness or mental or physical disability is still subject to the judgment of this court, and the following is judged accordingly.
3. According to the evidence duly examined in the lower court’s determination as to the allegation of mental disorder or mental retardation, it is recognized that the Defendant was suffering from the heart or heart disease at the time of the instant crime, but in light of various circumstances such as the background and method of the instant crime, and the Defendant’s behavior before and after the instant crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.
Since it cannot be deemed that the defendant did not have reached a state or weak, the above argument by the defendant is without merit.
4. The judgment of the court below is based on Article 364 (2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.