도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment and a fine of 300,000 won) is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, the court below found the defendant guilty on the violation of road traffic due to the damage to business and real property among the facts charged in this case. The facts charged are crimes falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim's express intent pursuant to the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. The victim is recognized to have submitted a written agreement on November 23, 2020, which is prior to the decision of the court below, and it is reasonable to view that the above written agreement includes the defendant's expression of intention not to punish the defendant.
This part of the facts charged is reasonable to dismiss the prosecution in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.
The court below committed an unlawful act of judgment different from the above, and such an unlawful act affected the judgment.
In this respect, the judgment of the court below is no longer maintained.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows, and the summary of the facts constituting an offense and evidence is cited in accordance with Article 369 of the Criminal Procedure Act, since it is identical to the facts constituting an offense and the summary of evidence of the judgment below in addition to the following: < Amended by Act No. 3730, Mar. 20, 2020>
1. The Defendant is a person who is engaged in driving D-Mixed 125 124 cc Oral c.
On June 19, 2020, the Defendant bicycles a motor device.