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 for eight months, suspension of execution for two years and suspension of execution for forty hours) that the court below sentenced is too unreasonable.
2. In order to protect a large number of drivers and pedestrians due to frequent occurrence of traffic accidents caused by judgment driving, it is necessary to strictly punish drivers and pedestrians.
In that the defendant has already been subject to criminal punishment twice due to drinking driving, even though he had a history of criminal punishment, he/she has repeatedly committed driving a motor vehicle again, it is not good to form a crime, and is also highly likely
However, the defendant is guilty and is against the law.
There are some circumstances in which the distance of driving is not long and the driving is somewhat considered.
The criminal defendant was finally punished for a drunk driving, but not later than five years.
In this case, if a person is sentenced to imprisonment without prison labor or heavier punishment, the registration of the defendant's tax accountant is revoked, which is somewhat harsh.
In full view of the above circumstances and other factors of sentencing, including the defendant's age, character and conduct, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, the sentence imposed by the court below is somewhat heavy.
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.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, the summary of the evidence is identical to the facts in each corresponding column of the judgment of the court below.
Application of Statutes
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 201) regarding criminal facts.