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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 sentence of the fine of KRW 3,000,000 sentenced by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the lower court ex officio examined the facts charged in this case, and applied Articles 148-2(2)2 and 44(1) of the current Road Traffic Act to the facts charged in this case.
However, the former Road Traffic Act was partially amended by Act No. 10790 on June 8, 201, and the Act was enforced from six months after its promulgation pursuant to Article 1 of the Addenda, and according to Article 5 of the Addenda, in applying penal provisions to acts before the enforcement of the Act, the previous provision is stipulated. The date of the crime in this case is November 15, 2010. Thus, the court below erred by applying the former Act even though it had been applied to the former Act before the partial amendment of the Act at the time of the act.
Therefore, the judgment of the court below is no longer maintained in this respect.
3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Crimes and Articles 148-2 subparagraph 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant was punished once for the same kind of crime under Article 334(1) of the Criminal Procedure Act, and the blood alcohol concentration of the Defendant at the time of the instant crime is very high by 0.176%.
However, the defendant has a depth of his mistake, and a traffic accident is committed by the crime of this case.