도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The defendant does not pay the above fine.
1. The punishment of a fine of KRW 5 million sentenced by the original judgment on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the court below is based on the following circumstances: although the defendant had been sentenced two times of a fine due to drinking driving, it cannot be deemed that he drives a motor vehicle in the state of second blood alcohol level of 0.108% less than that of the second blood alcohol level; however, the defendant's attitude to recognize and reflect the defendant's wrong; the previous conviction of a fine is around 2006, which was about 10 years before the crime in this case; the defendant has no record of punishment due to drinking driving in addition to the crime in this case; and other circumstances such as the defendant's age, character, environment, economic condition, motive and circumstance of the crime in this case; and the punishment sentenced in the court below is too heavy.
3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is rendered after pleading
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act ( considered in the preceding favorable circumstances);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;