도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 12,000,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years suspended execution, and forty-hour order of attending a law enforcement lecture) of the court below is too unreasonable.
2. In order to protect a large number of decent drivers and pedestrians due to frequent occurrence of traffic accidents caused by judgment driving, it is necessary to strictly punish driving under the influence of alcohol in order to protect a large number of drivers and pedestrians.
In that the defendant has already been subject to criminal punishment twice due to drinking driving, even though he had a history of criminal punishment, he/she has repeatedly committed driving a motor vehicle again, it is not good to form a crime, and is also highly likely
However, the defendant is guilty and is against the law.
There are some circumstances in which the distance of driving is not long and the driving is somewhat considered.
The criminal defendant was finally punished for drunk driving, and it was about 6 years before he was finally punished.
In this case, when a sentence of imprisonment without prison labor or heavier punishment is imposed and confirmed, the disadvantage of status to lose the public official position is expected, which is harsh.
In full view of the above circumstances and other factors of sentencing, including the defendant's age, character and conduct, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, it is deemed that the sentence imposed by the court below is heavy.
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 is with merit.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, the summary of the evidence is identical to the facts in each corresponding column of the judgment of the court below.
Application of Statutes
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;