도로교통법위반(음주운전)등
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 summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).
2. The judgment driving is a criminal act that has a high social risk of causing severe damage, and there is a need to strictly punish such criminal act, and even if the criminal defendant had a variety of criminal records for driving under the same influence of alcohol, it is disadvantageous to the criminal defendant that he/she again commits the instant crime.
However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it is desirable to give the defendant an opportunity to improve his wrong character and behavior last another time again. In addition, it is desirable to give the defendant an opportunity to improve the defendant's wrong character and behavior, such as the defendant's age, character and behavior, environment, motive and means of the crime, circumstances before and after the crime.
Therefore, since the sentence imposed by the court below on the defendant is considered to be unfair, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Punishment;