도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 14 million) is too unhued and unreasonable.
2. The Defendant recognized and reflected the instant crime.
There is no past record of punishment exceeding a fine.
However, even though the Defendant was punished by a fine for drinking driving in 2019, the Defendant was driving a drinking again in only one year, and the blood alcohol concentration is high and the driving distance is also driving distance.
In full view of the above circumstances, Defendant’s character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime was committed, and previous convictions, etc., the lower court’s sentence is unreasonable as it is 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, and the following is ruled again after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
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);
1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the judgment of reversal as seen earlier);
1. Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Observation, Etc., provides for the punishment as set forth in the Disposition, taking into account the following factors: (a) the judgment on the grounds of the above appeal; and (b)