도로교통법위반(음주운전)등
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 three years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Although the judgment of the court below has a history of criminal punishment for the same kind of crime several times, the sentence of the court below is too unreasonable in light of all the circumstances, including the defendant's age, character and behavior, environment, occupation, circumstance and contents leading to the crime of this case, circumstances after the crime, etc., even if an accident occurred, it seems that the defendant's mistake is recognized, and the degree of damage that would normally be inflicted on another person compared with a motor vehicle would not be substantial compared to the motor vehicle.
Therefore, the defendant's above 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, and the defendant's appeal is with merit.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by this court is that the part of the last sentence of the judgment of the court below regarding the "the period during which the suspension of execution is in force" was determined as "a final and conclusive". Thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the grounds for reversal of the above judgment);
1. The grounds for reversal of sentencing under Article 62-2 of the Criminal Act are the same.