도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (one year of imprisonment, two years of suspended execution, two hours of community service, 240 hours of alcohol treatment, 40 hours of compliance driving, 40 hours of compliance driving) is too unreasonable;
2. The following determination is an unfavorable circumstance to the Defendant.
Defendant has been punished twice for the same crime.
Blood alcohol concentration is very high to 0.345%.
The defendant was sent to the site and controlled by the police officer upon the report of the witness at the site of this witness, and there was a risk of more serious accidents in absence of the report and control of witness.
On the other hand, the following conditions are favorable.
Defendant acknowledges and reflects crimes.
The defendant has a mother and child who must provide support.
The Defendant was issued a summary order on September 8, 2006 and May 7, 2014 due to drinking driving. This is about 12 years and 4 years prior to the date of occurrence of the instant crime.
There is no history that the defendant has been punished in excess of a fine.
In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the age, character and conduct, and environment of the Defendant, etc., the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019) regarding criminal facts.