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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.
2. At the time of the instant case, the Defendant’s blood alcohol content was at a significant level of 0.117%, and the Defendant had been punished several times for the same kind of crime, and the Defendant again committed the instant crime without being convicted of the period of suspension of execution due to the instant crime, etc., which is disadvantageous to the Defendant, or the Defendant has led to the confession of the instant crime, and the Defendant has been detained on April 15, 2015 and has been detained for several months and has not re-detained again. In full view of the various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and behavior, environment, motive, means, and consequence, the Defendant’s punishment imposed by the lower court is somewhat unreasonable. Therefore, the Defendant’s assertion is reasonable.
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;