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 (10 million won in penalty) is too unhued and unreasonable.
2. According to the records of ex officio determination, the Defendant was sentenced to a suspended sentence of three years in December 23, 2020 on December 15, 2020 to a suspended sentence of three years on the grounds of a violation of the Road Traffic Act (drinking), etc. in the support of the Friwon Friwon Friwon, and the judgment was finalized on December 23, 2020.
The crime of the judgment of the court below against the defendant is in the relation of concurrent crimes between the above crime for which judgment has become final and the latter part of Article 37 of the Criminal Act, and the equality between the above crime and the case for which judgment is to be rendered concurrently pursuant to Article 39 (1) of
The judgment of the court below which was pronounced without considering this point cannot be maintained as it is in violation of law.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.
【The grounds for the judgment in other words are as stated in each corresponding column of the judgment of the court below, in addition to the correction to "a suspended sentence of three years on December 23, 2020 after being sentenced to a three-year suspension of execution on the ground of a violation of the Road Traffic Act (driving in Drinking) at the credit support by the Suwon Friwon, etc., which was issued the part of the judgment of the court below as "the facts constituting the crime and the summary of evidence recognized by this court" as stated in Article 369 of the Criminal Procedure Act, since it is identical to each corresponding column of the judgment of the court below.
Application of Statutes
1. Article 148-2(1) and Article 44(1) of the Road Traffic Act concerning the facts constituting a crime and Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39(1) of the same Act shall apply mutatis mutandis to the cases after Article 148-2(1) and Article 144(1) of the same Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason why the sentence of Article 334(1) of the Criminal Procedure Act is imposed on the order of provisional payment, the circumstance and circumstances after the driving, the blood alcohol concentration higher than 0.193%, and the distance of driving under the influence of alcohol.