도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 7,000,000) is too unhued and unreasonable.
2. In view of the fact that the statutory punishment for the crime of drinking is continuously aggravated due to favorable circumstances, serious social harm caused by the driving of drinking, and changes in the legal sentiment of the general public, etc., the Defendant is subject to strict punishment for the crime of drinking driving, the Defendant is subject to a fine, one time before the driving of drinking, and the alcohol level (0.201%) of the instant blood while driving under the influence of alcohol, and the Defendant stops the vehicle over the two and three lanes of the three-lane while driving under the influence of alcohol while leaving the vehicle “D” while driving under the influence of alcohol. However, the Defendant was extremely dangerous.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, background of the instant crime, circumstances after the instant crime, sentencing cases of similar cases, and the principle of equity in punishment, etc., the lower court’s punishment seems to be too uneasible and unfair.
The prosecutor's assertion pointing this out is with merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column 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. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing shall be determined by taking into consideration the circumstances examined in Article 334(2) of the Criminal Procedure Act.