도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (six months of imprisonment) is too unreasonable.
2. It is reasonable to strictly punish the accused in light of the fact that the accused has already been subject to punishment several times due to drinking driving, and that he is under probation period.
However, in light of the following: (a) the Defendant was at the time of committing the instant crime and was living in custody for about five months; (b) the Defendant’s misjudgments the Defendant’s mistake while living in custody for about five months; and (c) when the sentence of this case became final and conclusive, the sentence of the previous suspended sentence should be sentenced to imprisonment for eight months, which was invalidated and suspended; and (d) the Defendant’s age, sex, environment, motive, means and consequence, and all other sentencing conditions, including the Defendant’s age, sex, environment, motive and consequence, etc., it is recognized that the sentence of the lower court is unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each 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. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) and Article 148-2 (1) 1 and Article 44 (1) of the same Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in the crimes of traffic Acts with heavier punishment);
1. Selection of an alternative fine for punishment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the Criminal Procedure Act shall be determined in full view of the various circumstances as seen above.