도로교통법위반(음주측정거부)
The judgment of the first instance is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The penalty sentenced by the first instance court to the summary of the grounds for appeal (4 million won of a fine) is deemed to be too unhued and unreasonable;
2. A favorable sentencing factor is acknowledged, such as the fact that the Defendant recognized his criminal act and reflected, and the fact that the Defendant was sentenced to a fine of two million won on July 7, 2006 due to the violation of the Road Traffic Act (unlicensed Driving), etc., and no punishment has been imposed on the ground that he was engaged in driving or driving without a license for a considerable period of time before committing the instant crime, and that the Defendant’s home condition seems difficult.
However, on September 24, 2004, the Defendant was sentenced to a fine of 5 million won due to a violation of the Road Traffic Act (non-licensed driving) by the Changwon District Court on several occasions, including the violation of the Road Traffic Act (driving). It is recognized that there are disadvantageous factors for sentencing, such as the Defendant’s refusal of a police officer’s legitimate demand for the measurement of alcohol level, etc.
Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc. comprehensively, the sentence of the first instance court is deemed unfair because it is too uneasible.
Therefore, the prosecutor's above assertion is justified.
3. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts constituting a crime and the summary of evidence are the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.