도로교통법위반(음주운전)
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 main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving lecture) is too unreasonable.
2. The judgment of the Defendant, even after being sentenced to a fine for drunk driving in 2007 and 2011, is disadvantageous to the Defendant’s crime of drinking alcohol driving in the instant case.
On the other hand, it is reasonable that the Defendant recognized the instant crime and reflected against the Defendant, and that it is difficult to see that the blood alcohol concentration of the instant case is very high, and there is a considerable interval between each of the above drunk driving and the instant case, and there is a record of having been punished by a fine of KRW 2 million for traffic accidents and non-licensed driving in 2011, and a fine of KRW 500,000 for violating the Automobile Accident Compensation Guarantee Act in 2014. However, there is an interval between the instant case and the instant case, and the violation of the Automobile Accident Compensation Act appears to be a minor case.
In addition, considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, the sentence of the court below is deemed to be too unreasonable. Therefore, the defendant's above assertion is reasonable.
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 the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;