도로교통법위반(음주운전)
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) of the lower court is too unreasonable.
2. The judgment of the driving under the influence of alcohol is an offense that may cause damage not only to the life, body, or property of another person but also to the life, body, or property of another person and need to be punished strictly.
The defendant has already been punished four times due to drinking driving, and further there is a high possibility of criticism for the crime of this case during the period of probation due to drinking driving.
However, in full view of the following factors: (a) the Defendant was living in custody for more than two months in depth and reflects his mistake; (b) the Defendant’s blood alcohol level was not relatively high by 0.080% at the time of the instant case; and (c) the circumstances leading to drunk driving were somewhat extenuating circumstances; and (d) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (b) all sentencing conditions in the process of the instant case, including the circumstances after the crime, are considered to be punished by a fine only once; and (c) it is reasonable to give the Defendant an opportunity to the last time more.
The sentence of the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article
Application of Statutes
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;
1. Articles 70 (1) 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;