도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.
2. The defendant has already been a criminal record of the same kind.
At the time of the instant case, alcohol concentration is 0.204% higher than that of the blood.
This is disadvantageous to the defendant.
However, the defendant has been punished once by drinking for the last ten years, and the driving distance is relatively short of 500 meters.
Defendant would not repeat again while working for a period of about four months of detention.
There are many things.
This is the circumstances favorable to the defendant.
In full view of such circumstances as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime in this case and the arguments, the sentence of the court below 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 on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a lecture and an order to provide community service order prior to the grounds for sentencing under Article 62-2 of the Criminal Act shall be determined as follows: (a) on the same grounds as examined in the judgment of unfair sentencing