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의정부지방법원 2015.08.07 2015노196
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable as it excessively imposes a fine of five million won imposed by the court below on the defendant.

2. In light of the content, method, result, etc. of the instant crime, the circumstances unfavorable to the Defendant are recognized, such as the following: (a) the crime was not less complicated in light of the substance, method, and consequence of the instant crime; (b) the fact that there was a record of punishment of fines for non-licensed driving and refusal to take a alcohol test around 2010; and (c)

However, in full view of the fact that the defendant led to the crime of this case and made a statement that his mistake is in depth, that the economic situation is not sufficient as a recipient of basic living of grade 3 with physical disability, that the distance of operation is relatively short, and that other circumstances, which are the conditions for the sentencing of this case, such as the defendant's age (60 years old), character and behavior, intelligence and environment, the background, motive, means and consequence of the crime, driving distance, circumstances after the crime, family relationship, health condition, etc., the defendant's assertion that maintaining the sentence of the court below is unreasonable 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 evidence admitted by the court is identical to each corresponding column of the reasoning of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) (a point of sound driving), subparagraph 1 of Article 152, Article 43 (a) and Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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