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 sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. It is recognized that the judgment defendant has a record of being punished several times by drinking and unlicensed driving, and causes a traffic accident that causes other vehicles parked while driving under drinking.
However, considering all of the sentencing conditions shown in the pleadings of this case, such as the confession of the crime, the Defendant’s mistake is divided, the distance of drinking and non-licensed driving is about 100 meters short, drinking alcohol (0.07% in blood alcohol level), and the Defendant’s age, sexual behavior, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.
Therefore, the defendant's argument is justified.
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, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited 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;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (the consideration of favorable circumstances among the loss of destruction as seen earlier);