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 summary of the grounds for appeal by the defendant is unreasonable as the penalty (six million won of a fine) imposed by the court below is unreasonable.
2. Determination of the Defendant is driving a vehicle under the influence of alcohol content 0.210%, and the case is not less than that of this case, and driving under the influence of alcohol may cause damage not only to himself but also to another person’s life and body. It is necessary to strictly punish the Defendant in accordance with the purport of the amended Road Traffic Act.
However, considering the overall sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive and circumstance after the crime, etc., the lower court’s punishment against the Defendant is somewhat unreasonable, and its assertion is reasonable, inasmuch as it is determined that the Defendant’s punishment against the Defendant is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;