도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
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 (4 million won of a fine) is too unreasonable.
2. On August 14, 2013, the first head of the facts charged in the instant case, and “the Defendant was sentenced one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (mariju) at the Changwon District Court on August 14, 2013, and the said judgment became final and conclusive on December 26, 2013,” respectively, applied for the amendment of the indictment containing “the latter part of Article 37 and Article 39(1) of the Criminal Act” in the applicable provisions of the Act, and the judgment of the court below cannot be maintained any more on the ground that the subject of
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to one year by imprisonment with prison labor at the Changwon District Court on August 14, 2013 for the violation of the Act on the Control of Narcotics, etc. (mariju) and the above judgment became final and conclusive on December 26, 2013" in the first head of the crime column of the judgment of the court below, and except for addition of "1. each judgment" in the last column of the evidence, it is the same as the corresponding column of the judgment of the court below, and therefore, it shall be cited as it is in accordance with
Application of Statutes
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;
2. The latter part of Articles 37 and 39 (1) of the Criminal Act handling concurrent crimes (the former part of Article 39 (1) of the Road Traffic Act [the violation of the Road Traffic Act in this case and the violation of the Narcotics Control Act in this case]
3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
4. The reason for sentencing of Article 334(1) of the Criminal Procedure Act that the defendant's blood alcohol concentration is relatively high, and the drinking driving is not only an individual but also an individual.