도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive.
The defendant asserts that the court below's punishment is too unreasonable as the grounds for appeal of this case are too large.
In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant has no criminal record of imprisonment without prison labor or any heavier punishment, the lower court’s punishment is too unreasonable.
Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the evidence and the facts charged by the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column 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 legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (including the above reasons, etc.);