도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal (a sentence of imprisonment for eight months, a suspended sentence of two years, a probation, and a probation order of forty hours) is too unreasonable.
2. In light of the fact that the Defendant driven a car under the influence of alcohol level of 0.118% by driving the car without a license and the quality of the crime is not weak in light of the level of drinking alcohol, etc., the Defendant had the record of being fined twice by driving under the influence of alcohol, driving without a license, and driving without a license, and driving under the influence of alcohol is a serious crime causing danger to the life and body of himself and others, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory penalty for the crime, it is necessary to punish the Defendant with severe punishment.
However, on the other hand, the defendant recognizes the crime of this case in a net order and reflects the defendant's mistake in depth, there is no record that the defendant has been sentenced to the suspension of qualification or heavier punishment for the same crime, the defendant has disposed of a car again in the past, and it is hard to say that the defendant would not drive the car again in the future, and the defendant would not drive the car again in the future, it is placed in the place where the defendant must retire when the suspended sentence is finalized, the defendant will work faithfully and faithfully, and the defendant's family members want to support his mother who is disabled, and the defendant's family members want to take the guidance of the defendant, and taking into account various sentencing conditions as shown in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, etc., the defendant's punishment is somewhat unreasonable, and therefore the defendant's assertion of unfair sentencing is justified.
3. If so, the defendant's appeal is reasonable, it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.