도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
, however, for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.
2. The circumstances are that the Defendant is disadvantageous to the Defendant, such as the following: (a) the Defendant driven a considerable distance of 6.3km with blood alcohol concentration of 0.147%; (b) the Defendant operated without a mandatory insurance policy and operated without a license; and (c) the Defendant was punished by a fine of four times due to drinking driving.
However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and repented his mistake, the fact that there are three children living in the name of support, the occurrence of the accident due to driving under the influence of alcohol of this case, and the fact that there was no criminal conviction exceeding the fine of the defendant, and the fact that only one fine is fine for the same past five years.
Examining the aforementioned circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and records of the crime, etc., the sentence of the court below is deemed to be too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Code of Trade Competition.