도로교통법위반(음주운전)방조
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too unreasonable.
2. The lower court ex officio determined that: (a) as at August 23, 2018, the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019; Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019) declared by the lower court, the lower court went into effect.
The court determined that the defendant's punishment is applicable, and determined a fine of KRW 3 million by applying aiding and abetting the defendant's punishment as a fine.
However, the statutory penalty prescribed in the above Article is a punishment of not less than six months but not more than one year, or a fine of not less than three million won but not more than five million won. Thus, when selecting a fine and aiding and abetting a fine, the applicable punishment is a fine of not less than 1.5 million but not more than 2.5 million won, and the court below sentenced a higher punishment than the above applicable punishment, and the judgment of the court below is erroneous in violation of the law which affected the conclusion of the judgment.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above grounds for ex officio reversal, and the judgment below is reversed and it is again decided as follows.
[Discied Reasons for the judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to facts constituting an offense and summary of evidence as stated in each corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); Article 32 (1) of the Criminal Act concerning criminal facts;
1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.