도로교통법위반(음주측정거부)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
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 (5 million won of a fine) is too unreasonable.
2. In full view of the following circumstances: (a) the Defendant made a confession of the instant crime while committing the instant crime; (b) the Defendant seems to have been repented in depth; and (c) the Defendant seems to have difficulty in economic conditions with disabilities of Grade IV with hearing impairment; and (d) the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence, etc.; and (e) other circumstances constituting the conditions for sentencing, such as the Defendant’s age, character and conduct, motive or circumstance of the instant crime, as well
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, and thus, they are quoted 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 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;
1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1548, Apr. 2
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the fact that the crime of this case refused to take a drinking test by a police officer even though there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, and the act is not easy, etc., under the circumstances unfavorable to the defendant, such as the defendant's confession of the crime of this case, and his depth is divided in depth while the defendant led to the crime of this case, and the economic situation is difficult for the disabled of class 4 with hearing impairment, and the fact that the defendant does not have the previous error, etc. are considered as favorable to the defendant, respectively.