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 sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. The Defendant was sentenced to a fine twice as a crime of violation of the Road Traffic Act (driving) and a suspended sentence of imprisonment once, and was sentenced to a fine twice as a crime of violation of the Road Traffic Act (refluence of measurement). At the time of the instant crime, the Defendant’s blood alcohol concentration was very high by 0.216%.
In addition, the Defendant was sentenced to a suspended sentence of two years and six months for the crime of rape and committed the instant crime without being aware of the period of suspended execution after the above judgment became final and conclusive on June 9, 2018.
On the other hand, considering the fact that the defendant has an opportunity to reflect on the defendant's reduction for six months, when a sentence of imprisonment in this case is finalized, the suspension of the above execution should be invalidated and the defendant must return to the defendant for two years and six months, which seems to be harsh to the defendant, the defendant's livelihood would be very difficult if the defendant is detained for a long time as he supports his parent and her father (7 years of age only), the defendant disposes of his motor vehicle and would not repeat again, his parent, son, son, and son who is moving to his father after divorce, and all the sentencing conditions indicated in the argument in this case, such as the defendant's age, family relation, and circumstances after the crime, it is determined that the court below's punishment against the defendant need to be mitigated too much.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, 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 with merit.
【Grounds for the Judgment of multiple times】 The facts constituting a crime and the summary of the evidence recognized by the court are identical to the facts constituting a crime and the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.