도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six 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 circumstances unfavorable to the defendant are as follows.
On May 18, 2018, the Defendant was sentenced to 1 year of imprisonment and 2 years of suspended execution due to the violation of the Road Traffic Act due to a drunk driving, etc., and had been sentenced five times of punishment due to the same crime in the past, and in addition, it is not easy to lower the quality of the instant crime during the suspended execution period.
In addition, the blood alcohol concentration of the instant case is 0.23% and its numerical value is considerably high.
The conditions favorable to the defendant shall be as follows:
The defendant has committed all the crimes of this case, and his mistake has been repented in depth.
There are also circumstances in which the defendant is responsible for the livelihood of his father(s) with mental disorder(s) and mother(s)(s).
Three times of the defendant's criminal records of the same punishment were generated in 200, 2002, and 2010, and the recent crimes were not connected to the accident.
In the case of this case where the sentence of imprisonment is finalized, the defendant is somewhat harsh in view of equity in the same and similar cases after the sentence of the previous suspended sentence is invalidated.
In addition, considering all of the sentencing conditions shown in the instant pleadings, such as the Defendant’s age, occupation, character and conduct, family relationship, and circumstances after the crime, the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Road Traffic Act and Article 148-2 of the same Act concerning criminal facts; and