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 decision of the court below on the summary of the grounds for appeal is too unreasonable as the punishment (the penalty amounting to KRW 15 million) imposed by the defendant is too unreasonable.
2. On March 2020, the defendant, who was punished for driving under the influence of alcohol, was driving under the influence of alcohol for about four months. The defendant seems to have no opening, and the defendant's blood concentration and driving under the influence of alcohol at the time of the instant case is also short, etc. which are disadvantageous to the defendant.
On the other hand, however, the court below's punishment seems to be somewhat inappropriate in light of the following factors: (a) the defendant shows the attitude of recognizing and opposing his mistake; (b) the risk of driving alcohol is not realized; and (c) some of the defendant's living environment can be taken into account; and (d) the defendant's age, sex, environment, motive for committing a crime, and circumstances after committing a crime.
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, and the judgment below is ruled again as follows.
[Grounds for a new judgment] 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 of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In full view of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act and the sentencing conditions as described in Article 334(2) of the Criminal Procedure Act, the punishment is determined as ordered.