도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six 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 reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
On October 22, 2010 and June 26, 2012, the Defendant received a summary order of a fine of KRW 1.5 million and a fine of KRW 5 million, respectively, from the Gwangju District Court as a crime of violation of the Road Traffic Act.
In addition, on November 26, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, a criminal escape teacher, and a violation of the Road Traffic Act (unlicensed Driving). The criminal facts are as follows: “In addition, the Defendant was sentenced to a suspended sentence of two-year imprisonment for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and a violation of the Road Traffic Act (Unlicensed Driving).” The Defendant: (a) stated that “The Defendant was negligent in his/her duty of care and inflicted injury on the victims by driving a motor vehicle without a driver’s license; and (b) caused the exposure
On the other hand, the Defendant was sentenced to a fine on October 23, 201, when the said trial was in progress.
In addition, it is doubtful that the defendant had engaged in drinking driving even in the above past records, and there is a doubt as to whether he is able to repent.
On the other hand, the following conditions are favorable.
Criminal facts such as violation of the Road Traffic Act (driving) and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents have occurred in 2010 to 2013, and there is a considerable interval from the date of occurrence of the crime in this case.
피고인이 밤에 마신 술이 깼을 것으로 생각하고 아침에 초등학생 자녀들을 등교시키기 위해 차를 운전하다가 이 사건 범행에 이르게 되었다.
In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.
3. Conclusion, the defendant.