도로교통법위반(음주측정거부)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 13 million.
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 in penalty) is too unhued and unreasonable.
2. The judgment of the defendant recognized the facts charged and seems to have an opportunity to reflect when the defendant is detained for a considerable period of time in the first instance trial.
However, in full view of the following circumstances: (a) the Defendant had the history of punishment for drinking alcohol, refusal of drinking alcohol measurement, and non-licensed driving; (b) re-offending during the suspension of execution due to drinking and non-licensed driving; and (c) the Defendant, despite having received the police’s attention at the time of the instant crime that the Defendant would not drive drinking, despite being called to the police at the time of the instant crime, was considerably poor in the quality of the crime committed by driving alcohol before the police officer and showing the behavior of violating the signal; and (d) other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime;
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 evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (a point of refusing to drive without a license), and selection of fines for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;