도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentencing of the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The Defendant had a record of being punished several times for the same type of crime, such as drinking and non-licensed driving, and, in particular, committed the instant crime during the period of suspension of execution, even after being sentenced to a one-year suspended sentence due to drinking or non-licensed driving for one year.
However, in full view of the following circumstances: (a) the Defendant’s mistake is seriously against himself/herself; (b) alcohol concentration in blood alcohol level; and (c) the Defendant’s age, sex, environment, family relationship; (d) motive, circumstance, means and consequence of the commission of the crime; and (e) the circumstances after the commission of the crime, the sentencing of the lower court is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;