도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence of the lower court (eight months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.
2. The instant crime of this case concerning the grounds for appeal is deemed to have driven a vehicle without a license under the influence of 0.192% of blood alcohol concentration; the blood alcohol concentration is relatively high; the Defendant, at the Jeonju District Court on May 10, 2012, committed the instant crime in the same kind of crime within the grace period even though he had the past record of being sentenced to a suspended sentence of two years on the grounds of the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) at the Jeonju District Court on May 10, 2012, even though he had been sentenced to a suspended sentence of two years, and the Defendant has the past record of being sentenced to a fine of three times for the same kind of crime. Thus
However, in full view of the following factors: (a) the Defendant recognized all of the instant offenses, and is in depth divided; (b) the distance of drinking driving is relatively short; (c) the Defendant disposed of the instant vehicle while the Defendant did not repeat; (d) the Defendant’s mother, his wife, and his family members are the most likely to support the Defendant’s wife while preventing recidivism; and (e) the Defendant’s age, character, character, environment; (b) the Defendant’s background, background, means and consequence leading up to the instant offense; and (c) other various sentencing conditions specified in Article 51 of the Criminal Act, including the circumstances before and after the instant offense, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion of unreasonable sentencing is reasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Criminal facts;