도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant, who lost his mind and body or was mentally and physically weak, was under the influence of alcohol at the time of committing the instant crime, and had no or weak ability to discern things.
B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the statutory penalty for the instant crime is ex officio, and the statutory penalty for the instant crime is a fine of one to three years pursuant to Article 148-2(2)1 of the Road Traffic Act, or a fine of five million to ten million won, so in order to impose a fine of five million won on the Defendant, a small amount of punishment must be mitigated pursuant to Articles 53 and 55(1)6 of the Criminal Act. However, the lower court erred by failing to reduce the amount of a fine of three million won when it sentenced the Defendant to a fine of three million won, thereby violating the lower limit of the statutory penalty by omitting the application of the relevant statutes. In this respect, the lower judgment was no longer maintained.
3. Although there is a ground to reverse the above ex officio as to the defendant's assertion of mental or physical loss or mental weakness, the defendant's assertion of mental or physical loss or mental weakness is still subject to the judgment of this court, and therefore,
In light of various circumstances, such as the background of the instant crime, the Defendant’s behavior before and after the instant crime, the Defendant’s detailed statement at the time of the crime, and the intent of the Road Traffic Act punishing a person driving a motor vehicle under the influence of alcohol, etc., which are acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant did not seem to have committed the instant crime under the influence of alcohol, and thus, the aforementioned assertion by the Defendant is rejected.
4. In conclusion, the court below's decision is reasonable in light of the above reasons for reversal of authority. Thus, without examining the defendant's unfair argument of sentencing, Article 364 (2) of the Criminal Procedure Act is applicable.