도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment for one year, two years of suspended sentence, probation, community service order 160 hours, and 40 hours of order to attend a course) imposed by the court below is too unreasonable.
2. 판단 이 사건 범행 당시 피고인의 혈중알코올농도 수치가 높은 점, 운전한 거리가 긴 점, 운전 중 도로 한가운데 정차하여 시동을 켠 채 잠이 들었고, 112 신고를 받고 출동한 경찰의 검문에 불응하고 도주함으로써 상당한 교통상의 위험을 발생시킨 점은 피고인에게 불리한 사정이다.
On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant is seriously against the crime, the fact that there is no means to impose any criminal punishment except a fine imposed once due to drinking driving in 2017, and the fact that the defendant's wife wanted to take the action against the defendant.
Examining the aforementioned conditions of sentencing in the records and arguments of this case, such as equity with the sentencing of similar cases similar to the defendant's circumstances, and the age, character and conduct, environment, health conditions, the circumstances of the crime, the circumstances after the crime, etc., the sentence of the court below is deemed unfair because it is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the 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 the
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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.