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부산지방법원 2015.05.01 2015노638

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.


1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below against the defendant is too unhued.

2. It is recognized that the judgment of the Defendant recognized each of the instant crimes and against his mistake, and that the distance of drinking driving is not clear.

However, each of the crimes of this case committed while the defendant was subject to criminal punishment in 2009 and 2013 (in particular, it was sentenced to a fine of 7 million won as a crime of violating the Road Traffic Act in 2013) and without a license, is not easy to say that the case was committed while driving under a license without a license, and is highly dangerous to harm not only himself but also good pedestrians and drivers' lives and bodies. The revised Road Traffic Act strengthens criminal punishment against drinking drivers in this purport, and does not appear to have any other circumstance that the defendant inevitably needs to drive under the influence of alcohol, including the defendant's age, family relation, environment, circumstances leading to each of the crimes of this case, and circumstances before and after the crimes, etc., the sentence of the court below is inappropriate because it is somewhat uneasible.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The order of provisional payment;