Text
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.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unhued and unreasonable.
2. Circumstances favorable to the defendant, such as the fact that the defendant was guilty of a crime and is divided, and that part of the amount of damage has been repaid for the victims, etc.
However, due to the instant accident, the degree of injury suffered by the victim D was very serious, the victim was not agreed with the victim until the trial at the trial at the trial, and the Defendant only subscribed to liability insurance and failed to recover the damage properly, the victims wanted to pay severe punishment. In light of the circumstances leading to the instant crime, the degree of damage, the circumstances after the instant crime, the Defendant’s occupation and environment, etc., and all of the sentencing conditions shown in the records and arguments, the lower court’s punishment is unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading
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 of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article applicable to criminal facts;
(a) The fact of injury caused by drinking alcohol: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;
(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Markets
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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;