도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence of the court below (one year of imprisonment) is too unreasonable.
2. In light of the fact that the judgment defendant has been subject to punishment several times for the same crime, and in particular, on May 2, 2014, he/she was sentenced to a suspended sentence of two years for imprisonment for the violation of the Road Traffic Act (driving) on the grounds of the violation of the Road Traffic Act on May 2, 2014, and that he/she committed the instant crime only for two months, it is inevitable
However, in full view of all the circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the court below is somewhat unreasonable, and it is recognized that the sentence of the court below is improper, considering the following: (a) the defendant recognized the crime of this case and reflects his mistake; (b) the defendant did not cause a traffic accident while driving and the distance of driving is shorter; (c) the defendant should be sentenced to a suspended sentence that is invalidated and suspended due to the suspension of execution; and (d) the defendant should support the defendant; and (e) the defendant has any family member.
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 decision is rendered after pleading
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);