도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of eight million won.
The above fine shall not be paid by the defendant.
1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. The circumstances unfavorable to the defendant are as follows.
The Defendant committed the instant crime without being aware of the fact that he/she was sentenced to criminal punishment twice due to the same crime as the instant case on November 23, 2017 at the Cheongju District Court sentenced him/her to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Driving) and for the violation of the Road Traffic Act and for the suspension of execution for 8 months and 2 years, and without being aware of the fact that he/she was under the suspension of execution, and the blood alcohol concentration of the Defendant at the time of the instant case is relatively high by 0.151%.
The conditions favorable to the defendant shall be as follows:
In addition, the Defendant did not have been sentenced to punishment for the aged of 70 years, and all of the crimes of this case were led to the confession of the crime of this case, and the Defendant reflects the mistake in depth, and seems to be not good in health conditions.
In addition, this case does not cause serious results such as human damage, etc., and the distance of drinking driving is only the area of 150.
The main figures around the defendant want to be the defendant's wife.
In addition, considering the overall sentencing factors indicated in the records of the instant case, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the lower court’s punishment against the Defendant is deemed to be too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
[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 as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions concerning facts constituting an offense;