도로교통법위반(음주운전)
1. The judgment below is reversed.
2. Defendant shall be punished by a fine of KRW 5,000,000.
3. The above fine shall be imposed on the defendant.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The judgment of the defendant committed the crime of this case at the same time during the suspension period of imprisonment due to injury, etc. even though he had the record of punishment several times as the same crime, and the crime of this case is deemed to have driven a vehicle under the state of driving a vehicle under the influence of 0.137% of blood alcohol concentration, and the nature of the crime and the circumstances of the crime are not easy.
However, in full view of the fact that the defendant has no history of punishment exceeding fine for the same crime, and that the defendant's mistake is seriously against his own mistake while recognizing the crime of this case, and that the crime of this case is committed by the defendant upon the defendant's request to transfer a vehicle set up before the main point of drinking alcohol to another place, and there are circumstances that can be taken into account as driving the above vehicle at a level of 10 meters, and other circumstances that are conditions for the sentencing of this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, it is deemed that the punishment sentenced by the court below is too 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 with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, 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 Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.