도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,500,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.
2. In the past, the Defendant’s past records of punishment several times (4 times a fine) due to a violation of the Punishment of Violences, etc. Act and a violation of the Road Traffic Act (driving) are unfavorable to the Defendant. The Defendant did not agree with the victim F of the assault, and the Defendant’s blood alcohol concentration at the time of driving under the influence of alcohol is relatively high.
However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant has led to a criminal act in this case, the defendant committed a contingent crime, and the location where the defendant should support his family, etc., and the character, conduct and environment of the defendant, the background and result of the criminal act in this case, and other circumstances that are conditions for sentencing as shown in the records and arguments, the punishment imposed by the court below is somewhat unreasonable, and thus, the above argument by the defendant is reasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is 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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 260 (1) of the Criminal Act, the choice of a fine for a crime, the choice of a fine for a crime;
2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment).
3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
4. Article 334 (1) of the Criminal Procedure Act.