도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below (six months of imprisonment and two years of suspended sentence) is too unreasonable.
2. The fact that the Defendant committed the instant crime even though he/she had been subject to punishment twice due to driving under drinking, is disadvantageous to the Defendant.
However, the Defendant recognized and reflected the instant crime, and the alcohol concentration in the blood of the Defendant at the time of the instant case was relatively high by 0.085%, and the first respiratory measurement was 0.052% of the punishment, which was the result of the first respiratory measurement, and the two times of driving alcohol was less than 0.1% of the blood alcohol concentration, all of the aforementioned two times of driving alcohol was less than 0.1%, and there was no previous conviction, and the Defendant disposed of the vehicle that was driven at the time, and thereafter, the Defendant would not thereafter drive.
In full view of the circumstances favorable to the defendant, such as the overall circumstances of this case, and the defendant's age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence imposed by the court below is too unreasonable, and thus, the defendant's above assertion is reasonable, since it is acknowledged that the punishment imposed by the court below is too unreasonable, in light of the circumstances that are favorable to the defendant, such as the defendant's age, environment, sexual conduct, motive for committing a crime, circumstances before and after the crime.
3. Since the defendant's appeal is with merit, 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 again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, and Articles 148-2 (1) of the same Act and the selection of fines;