도로교통법위반(음주운전)
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 two years from the date this judgment became final and conclusive.
1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. At the time of the instant crime, the Defendant’s alcohol level reaches 0.124% in blood alcohol level, and the driving vehicle was a small-sized passenger vehicle, and the driving distance was approximately 3 km.
As a result of the contact accident caused by the above drunk driving, the difference between the driver's seat and the driver's seat was insignificantly damaged.
The Defendant committed the crime of violation of the Road Traffic Act (driving) before the lapse of one year from the last one of the previous crimes constituting the crime of violation of the Road Traffic Act.
In addition to the above previous convictions, the Defendant had the record of crimes, such as: (a) a fine of KRW 1.5 million for violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 2012; (b) a fine of KRW 300,000 for violation of the Automobile Accident Compensation Guarantee Act in 2013; and (c) a fine of KRW 50,000 for the same
These circumstances are disadvantageous to the defendant.
On the other hand, the defendant led to the confession of the crime of this case and expressed his attitude to reflect it.
Even before the previous conviction constituting the crime of violating the Road Traffic Act (driving) of this case, it seems that the case was relatively unhued as a summary order of a fine of KRW 3 million and a fine of KRW 1.5 million.
The Defendant had been living with daily work without family until the time of the crime of this case.
After attending the first trial date of the lower court and closing pleadings, the Defendant was hospitalized for hospital treatment due to a sudden cerebral cerebral typhism, but it was difficult to move due to legacy, and the Defendant was living in the wheelchairs and is living in the hospital.
Therefore, the defendant seems to have little risk of recidivism.
These circumstances are favorable to the defendant.
In addition, considering the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the sentence of the court below is too excessive.