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The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.
2. Judgment ex officio on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes
(a) The appellate court, which is required to determine ex officio, may only refer to the grounds for appeal that were entered in the petition of appeal or that are contained in the grounds for appeal submitted within the period for submission of
However, the court of appeals shall decide on the grounds for ex officio investigation not included in the grounds for appeal submitted within the period for submission of the appellate brief (proviso of Article 361-4(1) of the Criminal Procedure Act). The grounds for ex officio examination here include not only errors in the application of statutes or statutory interpretation, but also mistake of facts and unfair sentencing (see, e.g., Supreme Court Order 2002Mo338, May 16, 2003; Supreme Court Order 2005Mo564, Mar. 30, 2006). The Defendant appealed against the judgment of the court below on the sole ground of unfair sentencing. However, prior to the judgment on the grounds for appeal, the court shall ex officio examine whether there were errors by misapprehending the legal principles on the violation of the Aggravated Punishment, etc. of Specific Crimes
B. Determination 1) The Defendant is a person who is engaged in driving a CAWn vehicle. The Defendant, at around 22:30 on April 6, 2019, driven the said vehicle while under the influence of alcohol of 0.134% of blood alcohol content, and led to a two-lane change of the two-lane road in the vicinity of the outer quarter of the EAWn City in king City along the one-lane. At the same time, the Defendant was driving the two-lane in the two-lane. On the two-lanes at the time, the victim D (the South and the 58-year-old EKakn vehicle is proceeding, and thus, in order to change the lane of the vehicle in the vehicle to a person who is engaged in driving the motor vehicle, the Defendant is driving the motor vehicle along the lane to change.