도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (one year of imprisonment, one year and six months of suspended execution, and 40 hours of an order to attend a compliance driving course) of the court below is too unreasonable.
2. The judgment of the defendant is an unfavorable condition, such as the fact that he/she once drives alcohol without warning about the danger of drunk driving even though he/she had a record of punishment twice due to drinking driving, and that he/she had a high blood alcohol concentration at the time of detection.
However, the fact that the defendant recognized the crime and made a mistake against the defendant, that the vehicle operated by the defendant was disposed of by the defendant as a motorcycle and did not repeat again, that there is no criminal record other than the fine due to the above drinking driving, that there are circumstances to take into account the circumstances due to the night driving in the situation where the previous drinking state was not resolved, that according to the rules of employment of the company where the defendant was employed, the person for whom two years have not passed since the execution was completed or the non-execution became final and conclusive, falls under the grounds for disqualification, and at the same time, the punishment exceeding the fine due to the crime of this case is harsh to the defendant, that the workplace rent desires to be punished by the defendant, and that all the sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior, family environment, motive for the crime, and circumstances after the crime, etc., are inappropriate.
3. In conclusion, the judgment of the court 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.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.