도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court against the Defendant is too unreasonable.
2. Although the defendant had been already punished several times for the same crime including suspended execution, the fact that the defendant committed the crime of this case is disadvantageous to the defendant, or that the defendant led to the confession of the crime of this case and reflects his mistake, and that the defendant does not repeat again, such as disposal of the vehicle operated at the time of this case, etc., and that the defendant seems old and healthy, and that his family members seems to clearly have a social ties relationship with the defendant, such as the defendant's birth of the defendant's wife, seems to be clear, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as age, character, character, environment, motive, means and result of the crime, etc., the sentence of the court below against the defendant is somewhat unreasonable, and the defendant's assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment with prison labor for each type of crime;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (and among concurrent crimes with the punishment determined for a violation of the Road Traffic Act of the largest punishment) shall be 1.