도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the punishment of the fine of KRW 7 million imposed by the court below is too unreasonable.
2. The judgment is a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for it. In particular, if a person who has been punished for driving under drinking more than twice again drives a motor vehicle, etc. while under the influence of alcohol, etc., a provision was newly established that the person who has been punished for driving under the influence of alcohol shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine not less than 10 million won but not more than 10 million won. The crime of this case is deemed to be a crime of violation of the Road Traffic Act, and since December 7, 200, the crime of this case committed the crime of this case by the defendant who has been punished more than three times after the crime of violation of the Road Traffic Act. It is acknowledged that the case is not easy in light of the degree of the influence of the defendant and the danger of drinking under the influence of alcohol.
On the other hand, it is also recognized that there are circumstances such as the fact that the defendant reflects his mistake in depth, the health of the disabled of grade 3 with delay disability is not good, the economic difficulty as a recipient of basic living security, the situation where the defendant is to support the married children by divorced from his wife, the crime of this case did not cause any additional damage such as traffic accident, the driving distance is relatively short, the driving distance is relatively short, and there is no history of criminal punishment after 2012.
Considering the above circumstances comprehensively taking into account the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment is excessively unreasonable.
Therefore, the defendant's assertion.