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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The Defendant had a record of being punished several times due to driving without a license for drinking and without a license, and again committed the instant crime during the period of suspension of the execution.
At the time, the blood alcohol concentration of the defendant was 0.183% higher.
However, the defendant tried not to repeat the crime of this case in depth.
The defendant has been suffering from delay in spine in military service, and has been able to find difficult after graduating from universities and colleges, and has faithfully performed workplace life.
The punishment sentenced by the court below is unreasonable if it has not yet been 27 years old and all of the sentencing conditions shown in the records and arguments of this case, such as character, conduct and environment, etc. of the defendant, are considered.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
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;