도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
The sentence of the court below (six months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.
Judgment
The crime of this case is deemed to be driven by the defendant while under the influence of alcohol, and the circumstances unfavorable to the defendant are recognized, such as the heavy liability for the crime in light of the circumstances and contents of the crime, and the fact that the defendant has no record of the same kind of crime.
However, the defendant confessions the crime of this case, the distance of the defendant driving the Ortotob at the time corresponds to a relatively short distance of 150 meters, and the defendant is economically difficult to support his wife and her children. The defendant seems to have actually divided her mistake while living in custody for more than 2 months due to the crime of this case, and considering all other circumstances, such as the defendant's age, sexual behavior, environment, etc., which are the conditions for sentencing specified in the argument of this case, the court below's punishment against the defendant is too unreasonable.
Therefore, the defendant's argument that the above sentencing is unfair is justified.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts and evidence acknowledged by the court is the criminal facts and the summary of the evidence, and the "criminal facts" column of the "criminal facts" column of the "criminal facts was issued to the defendant on August 13, 2010 by a fine of KRW 4 million for the crimes of violation of the Road Traffic Act (driving), etc. in the Busan District Court's Branch Branch Branch of the Busan District Court. On October 25, 2013, the defendant was sentenced to a suspended sentence of KRW 1 year for the crimes of violation of the Road Traffic Act (driving), etc. on October 25, 2013. On May 17, 2016, the defendant was ordered to a fine of KRW 4 million for the crimes of violation of the Road Traffic Act (driving), etc
“A fine is imposed on August 13, 2010 by the Defendant for a violation of the Road Traffic Act (drinking driving) in the Busan District Court’s branch branch branch support.