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Reasons
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(영문) 광주고등법원 2013.05.02 2012노545
도로교통법위반(음주운전)
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The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal by the defendant is that the punishment of the court below (five million won of a fine) is too unreasonable.

2. The judgment of the court below is somewhat heavy in full view of the following circumstances: (a) the time when the defendant driven a car at around 05:50 a.m.; (b) the time when the defendant driven the car is not a relatively frequent time for people or traffic traffic; (c) there was no accident involving people due to driving under the influence of alcohol in this case; (d) the defendant led to the crime in this case; (e) there was no criminal power except for the confession of the crime in this case; and (e) the defendant reflects the mistake; and (e) there was no fine of KRW 500,00 by violence around 204; and (e) the defendant's age, character and behavior and environment, motive, means and consequence of the crime in this case; and (e) the court below's punishment is somewhat excessive. Thus, the above argument by the defendant is justified.

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 facts and evidence recognized by the court is the same as the corresponding column 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 the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (i.e., extenuating circumstances in favor of the former);

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;

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