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 summary of the grounds for appeal is too unreasonable that the lower court’s punishment (ten months of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service work, forty hours of compliance driving, and forty hours of alcohol treatment) is too unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
On October 26, 2012, the Defendant received a summary order of KRW 1 million for the crime of violating the Road Traffic Act from the Gwangju District Court's Seoul District Court's branch on October 26, 2012, and a summary order of KRW 1.5 million for the same crime in the same court on June 24, 2014, respectively.
At the time of the instant crime, the blood alcohol concentration is considerably high to 0.126%.
On the other hand, the defendant's recognition of the crime of this case is against the defendant, the driving distance is only 30 meters, the driving distance is about the above 2012 and 2014, and there has been considerable time from each of the above crimes, there has been no criminal record exceeding the fine, the suspension of the execution of imprisonment with respect to the defendant, and the suspension of the execution of imprisonment with respect to the defendant is likely to cause inconvenience to the residents, and accordingly, the residents want to leave the front line are favorable to the defendant.
In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s 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.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019; Act No. 15554, Mar. 27, 2018) regarding criminal facts.