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 sentence imposed by the court below (one year of imprisonment and two years of suspended execution) is too unreasonable.
2. Although the Defendant was punished for driving under drinking, the fact that the Defendant committed the crime of driving under drinking in this case is disadvantageous to the Defendant.
However, in light of the following: (a) the Defendant recognized the instant crime; (b) the Defendant did not have any previous criminal conviction or more; (c) the Defendant did not have any previous criminal conviction for not more than five years; and (d) the Defendant did not have any previous criminal conviction for not more than five years; and (c) there was a big gap between the instant crime and time; and (d) the Defendant’s place of driving at the time of the instant case was considerably out and was less than 400 meters; and (c) the reason behind driving was to act as an agent; and (d) there are circumstances to consider the background of the instant crime; (b) if the Defendant is sentenced to a suspended sentence or more, the Defendant is dismissed from the company; (d) there is the mother and wife who should support the Defendant; and (e) one child who is a university student; and (e) the circumstances of the instant case, it seems that it would be harsh to dismiss the Defendant and have caused excessive difficulty
In full view of the circumstances favorable to the defendant, such as the fact that it is favorable to the defendant, the age, environment, sex, motive of the crime, and various circumstances that are conditions for sentencing as shown in the records and arguments of this case, such as the circumstances before and after the crime, etc., the sentence imposed by the court below is too unreasonable, and thus, the above argument by the defendant is reasonable.
3. Since the defendant's appeal is with merit, 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 again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and therefore, Article 369 of the Criminal Procedure Act is applicable.