도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable, because the punishment imposed by the court below (one year of imprisonment) is too unreasonable.
2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). There are favorable circumstances such as the fact that the Defendant appears to recognize and reflect his/her mistake, the fact that the branch of the Defendant wants to support the Defendant’s wife, that there are children who should support the Defendant, and that the business operated by the Defendant due to the detention of the Defendant is faced with a considerable difficulty in business management.
However, considering the above circumstances, the lower court determined the Defendant’s punishment and there is no change in circumstances that may be considered in sentencing after the sentence of the lower judgment.
The Defendant had been punished twice due to drinking driving in the past, and in particular, even though he was sentenced to a three-year period of suspended sentence due to the second crime of drinking driving in the past, the Defendant committed the instant crime during the period of suspended sentence, and the Defendant committed the instant crime while driving in the past. The Defendant committed the instant crime of drinking driving in the past, which caused a person to be injured by shocking a vehicle driving on the opposite line by shocking the persons who ske the crosswalk or falling into the center line, or rapidly stopping the vehicle driving on the opposite line. In the instant crime, there was a risk of causing a traffic accident with the vehicle walking down in the middle of the four-lane, and the blood alcohol concentration of the Defendant was considerably high, taking full account of the Defendant’s age, character and behavior, environment, motive and background of each of the instant crimes, means and method of each of the instant crimes, and circumstances after the crime, etc., and all of the sentencing factors revealed in the trial process.