도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair punishment) by the lower court (one year of imprisonment) is too unreasonable.
2. The Defendant had the record of being sentenced to a fine twice due to drinking driving, and was sentenced to a punishment of six months of imprisonment, a suspended sentence of one year, and an order to attend a lecture for 40 hours due to drinking and unlicensed driving, but again driven under the influence of alcohol.
Therefore, it is clear that there is a need to punish the defendant more heavily than before.
However, since 2012, the Defendant did not have any record of being punished for drunk driving, and all of the crimes were led to confession, and the blood alcohol concentration at the time of the instant case is relatively high and the driving distance is not clear.
On the other hand, the defendant used the drinking alcohol as an agent after drinking because he had been punished for driving under the influence of alcohol. On the other hand, the defendant argued that it is difficult to drive the drinking alcohol as an agent on the day of the instant case, and that he was forced to drive the drinking.
In full view of the materials submitted in the trial, the accused's vindication on the driving circumstances seems to correspond to the facts.
In addition to the above circumstances, in full view of all the factors revealed in the proceedings of the instant case including the Defendant’s age, occupation, family relation, character and conduct, environment, circumstances after the crime, etc., it is deemed desirable to give the Defendant an opportunity to restore and improve the Defendant only once. As such, the sentence imposed by the lower court is somewhat heavy.
3. As above, the defendant's argument of unfair sentencing is with merit, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Judgment of the court below] The facts constituting an offense and summary of evidence recognized by this court and summary of evidence correspond to each of the judgments below.