도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The sentence of the lower court (two years of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. The judgment of the court below is based on the following facts: the defendant, who had been punished several times due to the violation of the Road Traffic Act due to the violation of the same act of driving under the influence of alcohol in this case as in this case, committed the crime in this case during the suspension period of the execution of the sentence on the grounds of the crime in this case, and was notified of a fine of KRW 3.5 million on March 22, 2019, and there is a high possibility of undermining the crime of driving under the influence of alcohol without the license in this case. In addition, considering the fact that the number of blood alcohol concentration is very high to 0.239%, the sentence of a sentence is inevitable for the defendant, whose awareness of the danger of driving under the influence of alcohol in this case is insufficient.
However, in light of the following: (a) the Defendant’s perception of all the facts of the instant crime and reflects the Defendant’s mistake in depth; (b) the Defendant’s wife wanted to take care of his wife against the Defendant; and (c) where the sentence of imprisonment became final and conclusive as a result of the instant case and the previous sentence of suspended execution becomes invalidated, the Defendant’s age, character, occupation, occupation, environment, family relationship, circumstances after the commission of the instant crime, etc., as well as other factors of sentencing indicated in the instant records, including the Defendant’s age, character, occupation, environment, family relationship, circumstances after the commission of the instant crime, etc., the sentence imposed by the lower court is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as that of each corresponding column of the judgment below.