도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 13,000,000.
The above fine shall not be paid by the defendant.
Summary of Grounds for Appeal
In the case of paragraph (2) of the facts constituting a crime in the judgment of the court below, the defendant commits the crime of drinking or unlicensed driving in the state of mental disorder or mental disability.
The sentence of unfair sentencing (one year of imprisonment) by the court below is too unreasonable.
Judgment
According to the records of the judgment on the assertion of mental disorder, the defendant is deemed to have driven alcohol at the time of the crime without a license, but Article 10(3) of the Criminal Act provides that "the preceding two provisions shall not apply to the act of a person who predicted the occurrence of danger and caused a mental disorder due to him/her," and according to the evidence duly adopted and investigated by the court below, the defendant can recognize the fact of drinking alcohol while he/she had a history of punishment for an accident during drinking. Thus, the defendant is deemed to have driven alcohol after drinking alcohol and driving alcohol at the time and at the time of the accident without a license. Thus, the defendant is a case where he/she predicted the risk that the accident may occur but caused a person's mental disorder.
Therefore, Article 10(1) and (2) of the Criminal Act cannot be applied to the instant case because it is not punishable in the case of mental disorder or mitigated punishment. Thus, the above argument is without merit.
The crime of this case on the assertion of unfair sentencing is a situation where the defendant repeatedly drives a motor vehicle without a driver's license, and caused an accident that meets the left-hand seat of the road while driving a motor vehicle under drinking, and the nature of the crime is not good, and the defendant can have been punished for the same crime, and further commits the crime of this case without being aware of the fact that he/she committed the crime in the course of suspension of execution due to drinking driving, etc.
However, the defendant is against the defendant and the vehicle is sold, etc. will not be committed again.