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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. In light of all circumstances, such as the fact that the defendant is against the nature of the grounds for appeal (e.g., the form of punishment) and the fact that there is no record of punishment for the same kind of crime, the punishment sentenced by the court below is too unreasonable.
2. The crime of this case is deemed to have driven about 4 km in the state of being drunk by the Defendant with a blood alcohol concentration of 0.182%, and the act of drinking driving is required to be strictly prohibited for the order of road traffic and the safety of traffic passengers, and there are unfavorable circumstances, such as the Defendant’s above act of driving under the influence of alcohol, and the occurrence of the accident facing the opposite vehicle.
However, in full view of all the circumstances such as the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstance after the crime, etc., the court below's punishment is somewhat inappropriate and it is recognized that the defendant's punishment is improper, since it is recognized that the defendant's punishment of this case is somewhat inappropriate, since it is not a punishment of a fine of 30,00 won by an act of violence around 1999.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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 Article of the Act concerning the facts of crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that choose the penalty;