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 of the lower court (one year of imprisonment) shall be too unreasonable as to the gist of the grounds for appeal.
2. As stated in the first head of the lower judgment, the Defendant committed the instant crime while being sentenced to a suspended sentence of ten months of imprisonment due to driving under drinking, as well as the fact that the Defendant committed the instant crime during the suspended sentence period, is disadvantageous to the Defendant.
However, the fact that the defendant repents his mistake and reflects the defendant, that the defendant would not repeat the same kind of crime again while disposing of the vehicle used for the crime of this case, that there is no record of criminal punishment exceeding the suspension of execution, that the defendant has been detained for about five months in this case, and that the defendant is likely to have an opportunity to realize the seriousness of driving drinking and have an opportunity to know about it. The fact that the defendant is the most likely to look at the defendant's health rejection and the children suffering from rare incurable disease, and that the family, son, etc. of the defendant wanted to take care of the defendant's wife, and that the family relation of the defendant seems to be relatively relatively publicly announced (in particular, the defendant's private relationship is to offer guidance to prevent the defendant from driving again while allowing the defendant to lodge and work in his hotel operated by him.
The fact that there was no physical damage due to each of the crimes in this case, even though ever, the fact that there was no physical damage is favorable to the defendant.
When comprehensively considering the above circumstances as well as the overall sentencing conditions of Article 51 of the Criminal Act as shown in the records and arguments of this case, it is recognized that the punishment sentenced by the court below is too unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, 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 with merit, and the judgment below is ruled again as follows.
[Grounds for another judgment] Criminal facts and evidence.