도로교통법위반(음주운전)등
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 decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. On the other hand, the defendant was punished three times for the same kind of crime, and the suspended sentence of imprisonment was imposed for the same kind of crime as stated in the first head of the crime of the judgment below, and the crime of this case was committed within the grace period, and the nature of the crime is very poor.
However, on the other hand, the defendant recognized the crime of this case, has an opportunity to reflect the defendant's life through confinement for a certain period, there is no particular criminal record except the above criminal record, and the defendant's blood alcohol concentration is high.
In light of the fact that the distance of driving is limited to 10 meters, and other circumstances, which form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the commission of the crime, the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense counsel’s allegation of unfair sentencing is reasonable.
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;