도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (10 months of imprisonment, 2 years of suspended execution, and 40 hours of order to attend a course) is too unreasonable.
2. The judgment is disadvantageous to the Defendant, such as that the Defendant, while driving a vehicle while under the influence of alcohol with a blood alcohol content of 0.22%, caused the injury to four victims by shocking the damaged vehicle.
However, in full view of the factors revealed in the arguments of this case, such as the fact that the defendant shows his mistake and reflects, the vehicle driven by the defendant is covered by a comprehensive insurance, the damage of the victims appears to have been recovered to some extent through the insurance company, the victims do not want punishment against the defendant, the victims do not want any punishment for the defendant, the defendant's age, character, character, environment, or suspended execution, and other factors revealed in the course of the arguments of this case, such as the fact that there is no past history of punishment for the defendant, and the defendant is preparing employment in a position for which the defendant is not entitled to support if there is a history above the age, character, environment, or suspended execution.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018);
1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.