도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The gist of the grounds for appeal by the defendant is that the punishment of the court below (7 million won of fine) is too unreasonable, and the gist of the prosecutor's appeal is that the above punishment of the court below is too unreasonable.
2. As to the grounds for appeal, the fact that the defendant recognized his mistake, and that the defendant did not cause a traffic accident while driving under the influence of alcohol in this case is favorable to the defendant.
However, in full view of all the sentencing conditions indicated in the records and arguments of this case, including the fact that the defendant had been issued a summary order of KRW 1.5 million as a result of the crime of drunk driving on March 13, 2019, but again committed the crime of this case in a short period, despite the fact that the defendant had a record of being issued a summary order of KRW 1.5 million, the blood alcohol concentration measured by the defendant at the time of this case is considerably high to 0.154%, and the distance of the defendant's drunk driving is about 2 km, it is deemed that the sentence imposed by the court below is too unreasonable.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act.
(3) Article 369 of the Criminal Procedure Act provides that “The defendant’s appeal shall not be justified, but shall not be dismissed separately from the disposition of the court below, inasmuch as the defendant’s appeal is accepted by the prosecutor and the judgment of the court below is reversed.”
Application of Statutes
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the parties in a judgment on the grounds for appeal above);
1. Suspension of execution under Article 62(1) of the Criminal Act (The Criminal Act provides that an order to attend a lecture shall be considered as being advantageous in determining the grounds for appeal).