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 Defendant committed the instant crime during the suspended execution period, even though he/she was sentenced to 8 months of imprisonment and 2 years of suspended execution on April 4, 2014 due to the same act of violating the Road Traffic Act (driving) as of April 4, 2014, etc.
However, in light of the following circumstances: (a) the Defendant recognized the instant crime and is against the recognition of the instant crime; (b) the Defendant disposed of the instant vehicle after the instant case and did not drive alcohol and without obtaining a license; (c) the Defendant was sentenced to imprisonment; (d) the Defendant appears to have sufficiently impaired the seriousness of punishment due to the repetition of drinking and without obtaining a license while being detained near five months due to the instant crime; (c) the distance of the Defendant’s driving in a drinking state is relatively short; (d) the social ties of the Defendant are clear; (e) the Defendant’s social ties are clearly related; (e) the Defendant’s family members and persons wish to take the lead to the Defendant; and (e) there are family members to support the Defendant, including the Defendant’s old age, character and conduct, family relationship, motive for the instant crime; and (e) the circumstances after the crime, etc., various sentencing conditions indicated in the record are considered to be unfair.
2. 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.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant laws concerning criminal facts, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act;