도로교통법위반(음주운전)등
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 (7 million won of fine) is too unreasonable.
2. In light of the substance of the crime of this case, although the crime of this case is not less than the nature of the crime and the crime of this case in light of its contents, it is difficult to see that the damage caused by the crime of this case is relatively serious, the defendant has filed a report to the police by himself after the occurrence of the accident, and voluntarily surrenders to the police, the defendant has reached an agreement with the victim E and C, the defendant seems to have reached a significant degree of recovery of damage, the defendant seems to have taken into account that the defendant must support his child, and other various conditions of sentencing as shown in the arguments, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, circumstances after the crime, etc., the sentence of the court below is too unreasonable. Thus, the above argument of the defendant is justified.
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 with merit, and the following judgment is rendered again after pleading.
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing a danger driving);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;