도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.
2. The instant crime is a driving under the influence of alcohol by the Defendant on September 3, 2018, while under the influence of alcohol 0.147% on September 3, 2018, and again driving under the influence of alcohol 0.124% on October 16, 2018, and is not likely to repeatedly commit a crime of drinking within a short period.
In addition, the fact that each blood alcohol level is high, and the fact that the same criminal record has four times is disadvantageous to the defendant.
However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes in this case and divided his mistake, the fact that the defendant did not repeat again by disposing of the vehicle, the fact that there is a family member to support the same criminal record within five years, the fact that the criminal record in October 16, 2018 is only one fine, and that the distance of operation is shorter, etc.
Examining the above 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 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 the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;
1. The punishment of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which is heavier than the punishment of concurrent crimes, is due to drinking conducted on September 3, 2018.