도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment, two years of suspended sentence, two years of probation, 40 hours of probation, and 40 hours of compliance driving order) is too unreasonable.
2. Determination Doctrine, the Defendant committed the instant crime despite the same punishment power, and the Defendant’s blood alcohol concentration at the time, and the short distance of driving of the Defendant is disadvantageous to the Defendant.
On the other hand, however, the defendant shows the attitude of recognizing and opposing the crime of this case; the risk of drunk driving is not realized; the defendant does not repeat the crime of this case by disposing of the vehicle used for the crime of this case; the defendant does not have any record of punishment exceeding the fine; considering the circumstances favorable to the defendant; the defendant's age, character and environment, motive, means and consequence of the crime of this case, and all of the sentencing factors shown in the records and arguments of this case including the defendant's age, character and character, environment, motive, means and consequence of the crime of this case; it seems that the court below's punishment is somewhat inappropriate.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of
Application of Statutes
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and 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. In full view of the sentencing conditions as examined in Article 334(1) and (2) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order, the sentence shall be determined as ordered.