도로교통법위반(음주측정거부)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The Defendant has the following disadvantageous circumstances:
The defendant has been punished several times, including suspended execution due to drinking driving and unlicensed driving.
In order to effectively regulate drinking driving and to punish a person corresponding to the responsibility for such crime, it is necessary to strictly punish the crime of refusing to measure drinking.
However, there are the following favorable circumstances for the defendant.
The Defendant recognized each of the crimes in this case and reflected against himself.
A vehicle was scrapped by the defendant as the defendant does not repeat the crime.
The elderly and health of the defendant is not good.
Family members of the defendant want to be the defendant's wife.
In light of the sentencing conditions shown in the argument of this case, including the circumstances favorable to the defendant, the sentence imposed by the court below is too unreasonable.
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 on the grounds that the defendant's appeal is with merit.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Articles 148-2(1)2 and 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
1. Of concurrent crimes, the judgment on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is made in consideration of the various circumstances as seen in the judgment on the grounds of the above appeal.