도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below (two months of imprisonment and two years of suspended execution) is too unreasonable.
2. While the Defendant had been punished twice due to drunk driving, the Defendant committed the instant crime at the same time, and the blood alcohol concentration was 0.14% high.
However, the Defendant did not have any record of criminal punishment exceeding a fine, and did not repeat the crime by reflecting the depth of the crime. The instant crime was driven by the Defendant in the state of less than the day before the crime was committed, and the circumstances are considered.
In addition, in full view of the circumstances in which the defendant has been engaged in the textile source manufacturing business in good faith for 30 years, the defendant's age, character and conduct, environment, family relations, etc. and all the sentencing conditions shown in the arguments, the punishment sentenced by the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;
1. Articles 70 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;