도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of fine) is too unreasonable.
2. The judgment has a record of being punished several times for the same kind of crime of drinking or driving without a license, and in particular, the fact that the defendant was sentenced to a suspended sentence of two years for imprisonment for six months due to the violation of the Road Traffic Act in 2007 is disadvantageous to the defendant.
However, the defendant's mistake is against the defendant's act of committing his crime.
There shall be no record of punishment for the same crime after a judgment of the suspension of the execution of sentence was rendered in 2007.
The crime of this case was limited to a simple drunk driving, and the degree of blood alcohol concentration was 0.053%, and the punishment standard was sufficiently met.
The defendant alone supports the mother.
It is difficult for the Defendant to financially have a financial institution to lend 10 million won.
These points are favorable to the defendant.
In addition to this point, the sentencing of the court below is deemed to be unfair because it is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on the conclusion.
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 to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;