도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unreasonable.
2. In full view of the fact that the Defendant’s judgment is against the victim of the traffic accident, that the Defendant agreed with the victim of the traffic accident at the trial of the party, and that he supports the married couple under the age of seven, the sentence of the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of driving sound, the choice of fines) and Article 148 and Article 54 (1) of the Road Traffic Act (the point of taking measures to prevent accidents, the selection of fines) of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be applicable to the concurrent crimes resulting from the crimes of violating the Road Traffic Act, which are prescribed by the heavier penalty: Provided, That the lowest sentence shall be applicable to the concurrent crimes of crimes of violating the Road Traffic Act];
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following factors: (a) a defendant drives a drinking alcohol again even though he/she had a history of criminal punishment due to a drinking alcohol driving; (b) a defendant drives a motor vehicle with blood alcohol level of 0.219%; and (c) a defendant did not take necessary measures despite the damage of a damaged vehicle after the accident occurred; (d) the defendant agreed with the victim of a traffic accident at the trial; (e) a defendant supports a married grandchild under the seven years of age; (e) a person supports a married baby; and (e) a person under medical treatment due to depression or an on-site illness.