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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence of imprisonment with prison labor for six months, the suspended sentence for two years, and the order to attend a law-abiding driving lecture for 40 hours is too unreasonable.
2. The judgment is a serious crime that inflicts harm on the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory penalty for the crime of this case. It is recognized that the crime of this case is committed by the defendant, while under the influence of alcohol by 0.128%, he/she driven a vehicle on an expressway with approximately 70km alcohol level, and was exposed by the defendant temporarily on the side while driving a vehicle on the expressway, and it is not easy that the case is light in light of the degree of driving or the risk of drinking driving, and that there is no urgent or inevitable circumstance that the defendant should drive in the state of drinking.
However, in full view of the following facts: (a) the Defendant recognized the instant crime and is against the Defendant; (b) the Defendant had been punished twice by a fine by the same crime until 2011; (c) there was no same criminal records other than the fine; and (d) there was no criminal records other than the previous punishment; and (e) other circumstances, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to 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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and Article 148-2 of the Road Traffic Act concerning the crime and the choice of punishment;