도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is that the defendant was sentenced to a fine twice for the violation of the Road Traffic Act in the past and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, and was sentenced to a fine for the violation of the Road Traffic Act in 2011, which has been sentenced to a suspended sentence of 2 years for the last 6 months.
Considering the fact that the blood alcohol concentration level in the instant case is very high to 0.202% and that the accident occurred due to drunk driving, the sentencing of the lower court, which ordered the Defendant to be suspended, is unreasonable, because the Defendant did not repent and the risk of repeating the crime is farming, is more unfair, and thus the sentencing of the lower court, which ordered the Defendant to be suspended.
2. Although the Defendant had been subject to punishment several times due to a violation of the Road Traffic Act (driving) in the past, the Defendant driven a vehicle while under the influence of alcohol 0.202% of alcohol level in the time, and even the vehicle driven by the Defendant beyond the central line causes an accident that the vehicle driven by the Defendant is faced with the front side of the opposite lane beyond the central line.
In addition, considering the defendant's age, family relation, character and conduct, career, environment, circumstance and consequence of the crime, circumstances after the crime, criminal records, and all the sentencing circumstances shown in the records and arguments of this case, the sentence imposed by the court below is deemed unfair, and thus, the allegation of unfair sentencing is reasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and Article 148-2 of the Road Traffic Act concerning the crime and the choice of punishment;