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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. The judgment of the defendant was rendered at the Gwangju District Court on December 9, 2010, sentenced four months to imprisonment for a violation of the Road Traffic Act (hereinafter referred to as "driving"), etc. on April 7, 201, and committed the crime of this case even during the repeated period after the enforcement of the sentence was completed on April 7, 2011. In addition, it is recognized that the defendant had the record of being punished five times a fine due to the crime of the violation of the Road Traffic Act due to drinking driving, even though he/she was aware that he/she had the record of being punished five times a fine due to the crime of the violation of the Road Traffic Act due to a violation of the Road Traffic Act (hereinafter referred to as "drinking driving"), but he/she was found to have the record of the crime of this case, such as the confession of the criminal facts, the defendant's blood alcohol level at the time of enforcement of detention for about three months, and the defendant's blood alcohol level was 0.086% higher, and the defendant appears to have brought about the company's customer.
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.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the entries in each 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 Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Criminal Procedure Act;