도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
1. The summary of the grounds for appeal is unreasonable as the lower court’s punishment (7 million won of a fine) is too unhued.
2. The judgment of the accused reflects the mistake when he/she acknowledges his/her crime.
The Defendant, while transferring the instant vehicle, has to refrain from driving under the influence of alcohol again.
These circumstances are favorable to the defendant.
However, in 2007, the Defendant was sentenced to two times as a crime of drinking and driving without a license in 2007, and was sentenced to two times as a crime of drinking and driving without a license in 201, and was sentenced to two years as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing) in 201, the Defendant again committed the crime of drinking and driving without a license during the period of the said suspension.
The crime of this case caused a traffic accident without being limited to simple driving, and the blood alcohol concentration level at the time of drunk driving is 0.104% higher.
These circumstances are disadvantageous to the defendant.
In addition to this point, in full view of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is recognized that the court below's sentence of the fine to the defendant is too uneasible and unreasonable.
3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. As to the facts of the crime, the pertinent Act Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of the drinking operation as stated in the original judgment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act shall be decided by the original judgment.