도로교통법위반(음주운전)등
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 decision of the court below on the summary of the grounds for appeal is too unreasonable that the punishment of 8 months sentenced by the defendant is too unreasonable.
2. The judgment is a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for such crime. In particular, when a person who has been punished for driving under drinking at least twice again drives a motor vehicle under the influence of alcohol, the newly established a provision that the person who had been punished for driving under the influence of alcohol shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine not less than 10 million won but not more than 10 million won. Each of the crimes in this case has already been punished twice for driving under the influence of alcohol 0.123% without a driver's license. In light of the degree of driving under the influence of alcohol or the risk of driving under the influence of alcohol, the defendant has a history of criminal punishment for driving under the influence of alcohol or without obtaining a driver's license for driving under the influence of alcohol so far, and there is no need to punish the defendant for driving under the influence of alcohol for not less than four times and not more than three months after his/her suspension of execution.
However, it seems that the defendant has been detained for not less than 90 days during the period, and the defendant has a big problem in the business where the defendant has been placed in custody for a long time, as well as the defendant.