도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.
2. Although the Defendant had already been punished three times due to the crime of drinking driving, the nature of the crime in this case is not weak in that he/she again committed the crime.
However, the defendant does not drive again.
In this regard, the vehicle owned was disposed of.
Although the Defendant had three times the history of driving alcohol, the alcohol concentration was relatively low in blood, and even in the case of the instant crime, the alcohol concentration was somewhat high, but it does not exceed 0.120%, which constitutes the grounds for exclusion from the revocation of the license suspension disposition, and the time when the Defendant committed the last crime of driving alcohol, was about seven years from the time when the Defendant committed the crime of driving alcohol.
The Defendant had already been subject to the disposition of releasing position due to the instant crime, and was at a disadvantage such as restrictions on benefits for a considerable period.
In addition, if the sentence of the court below that sentenced the suspension of the execution of imprisonment to the defendant is maintained, the defendant would lose the position of the public official. Such social constraints that the defendant should bear due to the criminal act should also be considered as an element of sentencing. As such, it should not be considered that such disadvantages on his status are determined as well as that of the individual principles of punishment application.
B. Although considering the fact that the Defendant is a public official, the sentence of a fine in this case cannot be deemed as a minor punishment in light of the general sentencing cases in the crime of drinking driving without considering the fact that the Defendant is a public official (the prosecutor also filed a request for a summary order of KRW 3.5 million against the original Defendant). Taking into account all the circumstances, including the aforementioned circumstances, including the Defendant’s age, sexual behavior, environment, circumstances of the crime, and circumstances after the crime, a suspended sentence of imprisonment is imposed.