도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, and observation of protection) is too unfasible.
2. The judgment of the defendant recognized the crime of this case and reflected against the defendant, and the fact that the defendant's health is not good due to hepatitis, urology, etc. is favorable to the defendant.
However, the crime of drinking driving is a crime that may infringe on the lives and bodies of citizens using roads as well as drivers.
In addition, the defendant committed the instant crime even though he/she was punished several times due to suspended execution, fine, etc., including two times of punishment due to the same kind of crime, is disadvantageous to the defendant, such as the fact that the time when he/she was driven by the vehicle or pedestrians was a large number of hours of driving, that the alcohol concentration in blood was not lower than 0.146% at the time of driving.
In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, sexual conduct, family relationship, occupation, etc., and the conditions for the sentencing as shown in the records and arguments, the sentence imposed by the lower court is deemed unfair because the sentence imposed by the Defendant is too unfeasible and unfair. Therefore, the prosecutor’
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of each judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions and Articles 148-2 (1) 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 of the Criminal Act for mitigation of amount;