도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The main sentence of the grounds for appeal is too uneasible and unreasonable.
2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the fact that the defendant, who scraped the motor vehicle of this case, and the defendant's wife and the booms the defendant's wife.
However, the Defendant, while driving under the influence of 0.212% alcohol level, caused an accident that meets the humanitarian boundary, and the risk of drunk driving was very high, and the revised Road Traffic Act, which greatly strengthened the statutory punishment by reflecting public opinion demanding strong punishment for drunk driving, was implemented through media reports, etc., and in the circumstances widely known in society through media reports, it is recognized that the Defendant’s age, character, occupation, occupation, family relationship, motive, means and consequence of the crime, and other various sentencing factors as shown in the instant arguments, such as the Defendant’s age, character, occupation, family relationship, and the circumstances after the crime, are considered to be unfair, considering the circumstances that the Defendant was committed again.
3. The appeal by the prosecutor of the conclusion is with merit, and the judgment of the court below is reversed, and it is decided as follows.
[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for reversal of sentencing under Article 334(1) of the Criminal Procedure Act and all of the sentencing conditions indicated in the record shall be determined as ordered by taking into account the following factors.