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 main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service order, and forty hours of compliance driving instruction) is too unreasonable.
2. The judgment below is a very dangerous crime that may cause unexpected behaviors to the life and family of others as well as the possibility of traffic accident. It is necessary to punish the defendant. The defendant, while driving a motor vehicle in a state of drinking at around 02:40, at around 02: while driving a motor vehicle while driving a motor vehicle in a state of drinking, was parked in the seat of driving in the second-lane signal at around 112, which could lead to a traffic accident in light of the criminal time and place of the crime in this case without a third party's report of 112, who found such a fact. The defendant could lead to a traffic accident in the absence of a third party's report of 112, the defendant was issued a summary order of KRW 100,000,000 which is a fine for violation of the Road Traffic Act that he/she driven in a state of drinking alcohol 0.056% from the Jeonju District Court's military mountain support on June 5, 2019.
However, the Defendant’s depth and reflects the instant crime, and the blood alcohol concentration of the Defendant at the time of the instant crime is relatively high to 0.037%, and there is no record of criminal punishment except for a summary order of KRW 1 million as a fine for the same crime on June 15, 2019, and the fact that the Defendant scrapped a vehicle used for the instant crime on December 2, 2019 is favorable to the Defendant.
In addition, in full view of the Defendant’s age, environment, family relations, motive for committing a crime, means and consequence of a crime, and all of the sentencing conditions stated in the instant pleadings, such as the circumstances after committing the crime, the lower court’s punishment seems to be somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is reasonable.