도로교통법위반(음주측정거부)
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. Summary of the grounds for appeal and the sentencing (a fine of five million won is imposed in the original trial);
2. The Prosecutor’s argument is correct that there is a serious need for strict punishment, since the decision-making booms and the harm of drinking driving is serious.
In addition, in a case where a person was discovered while driving in a state of 0.2 percent or more of blood alcohol level and responded to the measurement of alcohol level, the lower limit of statutory penalty is set at KRW 10 million, and thus it does not coincide with the case of refusing to measure alcohol level and the case of refusing to measure alcohol level. In full view of the sentencing conditions under Article 51 of the Criminal Act, the lower court’s punishment is too unreasonable.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Discied Reasons for the judgment of the court] Summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment of the court below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;