도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 12,000,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution, probation, community service order 160 hours, and 40 hours of order to attend a compliance driving course) of the court below is too unreasonable.
2. The judgment is that the defendant, even though he/she had the history of punishment twice due to drinking driving, has engaged in a drunk driving, and that the occurrence of a traffic accident causes physical damage to the defendant is disadvantageous to the defendant.
However, in full view of all kinds of sentencing conditions in pleadings, such as the defendant's disposal of vehicle, etc., the fact that there is no record of criminal punishment after being punished in 2003, 2009 due to drinking driving, there is no family member to support, physical damage is completely recovered, and the defendant's age, character and behavior, environment, background of the crime, degree of blood alcohol level, driving distance, means and result, etc., the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369
Application of Statutes
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of all the sentencing conditions as examined in the determination of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined in light of the overall sentencing conditions as examined in the judgment.