The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The sentence of the court below (the 6 million won of fine) is too unreasonable.

According to the records of ex officio determination, although the defendant was recognized as the deaf-mute in the second degree of hearing disability, the court below did not reduce the deaf-mute, which is a necessary reduction reason under Article 11 of the Criminal Act, so the judgment of the court below is no longer maintained.

The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting the crime against the defendant and the summary of the evidence recognized by the court is as follows: the first head of the original judgment on the facts constituting the crime is "the defendant" to be "the defendant is the deaf-mute in the second degree with hearing disability" and "the copy of the welfare card" to be added in the summary of the evidence is as stated in each corresponding column of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 2, and 44 (2) of the Road Traffic Act (a point of refusal of measuring a noise level), the selection of a fine for a crime;

1. Legal mitigation under Articles 11 and 55 (1) 3 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) there are extenuating circumstances such as the confession and reflection of the instant crime; and (b) the Defendant’s health status is not good due to class 2 disability of hearing disability.

On the other hand, the crime of this case is committed by the defendant while driving a vehicle while under the influence of alcohol without justifiable grounds, but refusing a police officer's request for a drinking test. The crime of this case is not good, and the defendant has already been sentenced to a fine on several occasions due to drinking driving.