도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. On August 26, 2016, the Defendant was sentenced to a fine one-time due to driving under the influence of alcohol, and the Defendant was sentenced to a suspended sentence of one-year imprisonment by interfering with business by the Changwon District Court on the part of August 26, 2016, and was under the suspended sentence of three years, and was under driving under the influence of alcohol in this case, and the Defendant was under the influence of alcohol in the blood at the time of raising the alcohol level of 0.124% and is disadvantageous to the Defendant.
However, in full view of the facts that the defendant recognized the crime and reflects, that the defendant's previous convictions are only one time, that the distance of the defendant's driving is shorter than 300 meters, that if the defendant's punishment is finalized, the suspension of execution is invalidated and one year additionally elapses, and that the defendant's invalidation of the suspension of execution is somewhat harsh, and other various circumstances that are the conditions for sentencing specified in the records and arguments of this case, such as the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, etc., are considered unfair since the sentence imposed by the court below is too unreasonable.
3. The decision 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 judgment below is ruled again as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 of the Traffic Act and Articles 148-2 (2) 2 and 44 (1) of the same Act and the selection of fines for criminal facts at the option of the relevant law and punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;