도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for three years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. In light of the fact that the defendant, who had been sentenced to a fine three times due to the violation of the Road Traffic Act due to the crime of the act of driving under the influence of alcohol such as this case, committed the crime of driving under the influence of alcohol without being convicted of the person who committed the crime of driving under the influence of alcohol, and committed the crime of driving under the influence of alcohol again, has a high risk of recidivism, and a social consensus has been formed on the necessity of the strict punishment for driving under the influence of alcohol, it is necessary to punish the defendant with severe penalty corresponding
However, considering the following factors: (a) the Defendant committed all of the instant crimes, and the Defendant’s mistake in depth, and appears to have seriously deteriorated the risk of drunk driving and drinking driving through the confinement life remaining 2 months; (b) the partial crime of drinking driving is merely 0.031% of blood alcohol level; and (c) the Defendant’s person’s wife wanted to have his wife against the Defendant; and (d) other factors for sentencing indicated in the records of the instant case, such as the Defendant’s age, character, character, environment, health conditions, motive for the crime, and circumstances after the crime, the lower court’s sentence against the Defendant is somewhat weak.
It is too unreasonable rather than that.
3. In conclusion, since the defendant's appeal is reasonable, the judgment of the court below shall be reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading. However, the prosecutor's appeal shall not be dismissed as long as the judgment of the court below
[Discied Judgment] Criminal facts and summary of evidence recognized by the court are the same as the corresponding column of each judgment of the court. Therefore, Article 369 of the Criminal Procedure Act is applicable.