도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 12 million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years suspended execution, probation, and forty hours during a compliance driving course) of the lower court is too unreasonable.
2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, such as the Defendant’s age, character, environment, and social relationship, etc., the lower court’s punishment seems to be unreasonable, on the ground that the Defendant’s allegation of unfair sentencing is reasonable, since it appears that the Defendant’s punishment is unreasonable, on the ground that the Defendant’s allegation of unfair sentencing is reasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading
【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;