도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. In light of the following: (a) the Defendant was sentenced to a suspended sentence of 2 months for a crime of violation of the Road Traffic Act (driving on December 4, 2014; (b) the Defendant committed the instant crime only once a week; (c) the Defendant had already been punished four times due to a drunk driving; and (d) the drinking volume of alcohol is higher than 0.158%, in full view of the following: (a) the Defendant was a dangerous offender that may inflict a significant damage on the other’s body and property as well as the principal; and (b) the Defendant was sentenced to a suspended sentence of 8 months in Ulsan District Court on December 4, 2014
However, in full view of the following factors: (a) the Defendant recognized all of the instant case as well; (b) the suspension of execution that was already rendered final and conclusive; (c) the Defendant has to serve eight months as a prison sentence; (d) the Defendant supports the Defendant’s crypted disease; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; (d) the means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant appears to be somewhat unreasonable.
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.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), and subparagraphs 1, and 43 of Article 152 of the same Act;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);
1. Selection of the penalty;