도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The defendant does not pay the above fine.
1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.
2. On January 17, 2013, the Defendant committed the instant crime only for six months, even though he/she was punished by a fine of two million won for the violation of the Road Traffic Act by the Daegu District Court.
At the time, the blood alcohol concentration of the defendant was 0.142% higher.
However, the defendant's mistake is divided in depth and does not repeat again, and the drinking driving of this case in this case is driving under the condition less than the drinking prior to the crime day, and it is considered in the circumstances.
There is also a situation that the defendant needs to support his family for basic living recipients, such as suffering from pulmonary tuberculosis due to a new citizen, and there is no good health condition.
In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is unfair.
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 statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 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;