도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Although the Defendant did not drive under the influence of alcohol, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The sentence of a fine of KRW 4 million imposed by the court below on the defendant is too unreasonable.
2. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can sufficiently be found to have driven 125cc Marasa while under the influence of 0.240% at the time and place stated in the facts charged of this case. Thus, the above argument by the defendant is without merit.
3. The question is whether or not the defendant's decision on the assertion of unfair sentencing is against the judgment of the court, and the drinking driving is a serious crime that may harm the life and body of himself and others, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for the crime of this case. The crime of this case is that the defendant is driving a motor vehicle under the influence of alcohol level of 0.240%, and the defendant's driving of the motor vehicle under the influence of alcohol level of 0.240%, and the case is not easy in light of the level of the defendant's drinking or the risk of drinking driving, and it does not seem that there is an imminent or inevitable circumstance that the defendant has to drive the motor vehicle under the influence of alcohol level at the time, and there is a history of punishment for the same crime. However, it is recognized that the driving distance of the defendant is relatively short, and considering all other circumstances, the court below's punishment is unreasonable.
Therefore, the defendant's above assertion is justified.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.