도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The gist of the grounds for appeal is too heavy.
2. In light of the fact that the defendant was sentenced to a fine twice due to drinking driving in 2014 and 2017, the defendant's liability for the crime is not less than that of the defendant, even though he had the record of driving under the influence of alcohol.
However, considering the facts charged by the Defendant, the blood alcohol concentration at the time of the instant case is not higher than 0.086%, the risk of traffic accident is not realized due to the instant crime, and the Defendant seems to have significantly broken off the importance of criminal punishment through confinement for about three months, and other factors of sentencing indicated in the record, it is unreasonable that the sentence of the lower court against the Defendant is too unreasonable to maintain it as it is.
3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is so decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. 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 provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused in the previous);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);
1. The grounds for reversal of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined by taking into account the circumstances revealed in the grounds for reversal of sentencing and the grounds for sentencing, and other various conditions of sentencing specified in the arguments of this case, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime