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 decision of the court below (six months of imprisonment) is too unreasonable in light of the fact that the defendant recognized the crime of this case and reflected against the summary of the grounds for appeal (unfair sentencing).
2. Although the defendant had a record of having been punished several times for the same crime, the fact that the defendant again committed the crime of this case during the period of repeated crime of the same crime is disadvantageous to the defendant.
However, in full view of the fact that the defendant recognized the crime of this case, the drinking volume of the defendant was not high, the defendant appears to have given a certain degree of opportunity to reflect by committing the crime of this case for not less than three months, the defendant's health condition is not good for the disabled of class 2 with physical disability, and other various sentencing conditions as shown in the records and changes theory of this case, such as the defendant's age, sex, sex, environment, family relationship, family environment, circumstances after the crime, and circumstances after the crime, the court below's punishment is too unreasonable. Thus, the above argument by the defendant is justified.
3. The judgment 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, and the judgment below is reversed and the case is remanded to the court below 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
Application of Statutes
1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;
1. Comprehensively taking into account the factors of sentencing prior to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the sentence as ordered shall be determined by the Labor Union and Labor Relations Commission.