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 reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The Defendant committed the instant crime without being aware of the history of punishment for driving under drinking and driving without obtaining a license, and without being aware of the same kind of crime during the period of suspension of execution.
In light of the criminal records of the defendant, the necessity for the strict punishment of the defendant is recognized.
However, prior to the instant crime, the Defendant has been subject to criminal punishment exceeding the suspension of execution, and there is no history of criminal punishment against the Defendant prior to the instant crime.
When a sentence is finalized due to the crime of this case, the sentence should be imposed together to the punishment for which suspended sentence has been invalidated and suspended. This seems to be too harsh to the defendant.
The defendant seems to have an opportunity to sufficiently reflect his/her ability to live in prison life for about two months, and the defendant also needs continuous hospital treatment due to his/her advanced constitution, etc.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence of the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Criminal Procedure Act;