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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 because the penalty (five million won of a fine) of the original judgment is too unreasonable.
2. The judgment below seems to be somewhat heavy in full view of various sentencing factors indicated in the instant case, such as the Defendant’s age, character and behavior, occupation and environment, background and consequence of the crime, and circumstances after the crime, even though it is acknowledged that the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol, which led to traffic accidents while driving under the influence of alcohol, and the Defendant was under the influence of alcohol. However, there is no different criminal records, the Defendant has to support the mother suffering from the 2nd physical disability, and the Defendant has to support the mother suffering from the 2nd vertebrate vert, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that 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 on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;