도로교통법위반(음주운전)
1. The judgment below is reversed.
2. The defendant shall be punished by a fine of seven million won.
3. The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (the fine of KRW 10 million) is too unreasonable.
2. In the instant case, the Defendant’s blood alcohol concentration is very high to 0.252%, the distance of the Defendant’s drunk driving is approximately 1.5 km, and the Defendant is found to have a bad condition after the crime was committed, such as drinking cans which the Defendant had been engaged in beer on the job.
However, it is recognized that the defendant recognizes the crime of this case and commits the crime of this case, commits the second offense, does not have any criminal history, and the defendant's economic situation is not good.
In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the sentence imposed by the court below is somewhat inappropriate.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;