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 sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. The judgment has the record of being punished several times due to the same kind of alcohol driving or unlicensed driving, and in particular, during the suspension of execution due to the same crime, the fact that the crime of this case is highly likely to be subject to criticism, and that the blood alcohol concentration is considerably high, etc. are recognized as disadvantageous to the defendant.
In full view of all the circumstances, including the fact that the defendant recognized the crime of this case and commits the crime of this case, the danger of drinking driving is not realized because the accident does not occur due to the crime of this case, the defendant has no record of being sentenced to the same kind of crime, and the defendant seems to have been detained for about 100 days or more due to the crime of this case, and the seriousness of punishment following the repetition of drinking driving seems to have been sufficiently impaired, and the defendant seems to have lived faithfully without any particular criminal record except the record of punishment for the crime related to driving such as drinking driving, etc., the defendant would not repeat the same crime again while disposing of the vehicle used for the crime of this case. The defendant supports the wife and his children as the most, and other factors, such as the defendant's age, character and behavior, environment, occupation, circumstance and contents leading to the crime of this case, circumstances after the crime, criminal records, and economic circumstances, etc., the sentence of the court below is somewhat inappropriate.
Therefore, the defendant's argument is justified.
3. In conclusion, 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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.