도로교통법위반(음주측정거부)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (two years of suspended sentence in October) is too unreasonable.
2. The judgment of the court below is too unreasonable in light of the following: the defendant shows a attitude that his mistake is divided and reflected; the defendant has no criminal record for the same kind of punishment other than the defendant has been sentenced once due to drinking driving; and the defendant's age, sex, environment, etc., which are shown in the argument of this case, it is too unreasonable to maintain the sentence of the court below as it is.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal claiming unfair sentencing is therefore justified, and the judgment below is again ruled as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment 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 and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
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;