도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. The judgment of the court below was rendered on June 25, 2013 by the Gwangju District Court sentenced a fine of KRW 5 million for the crime of violation of the Road Traffic Act, and again committed the crime of this case without a license even before two months have passed since the sentence was sentenced to a fine of KRW 5 million for the crime of violation of the Road Traffic Act, and the defendant again committed the crime of this case before the lapse of two months. The defendant was sentenced to a suspended sentence one time due to the crime of violation of the Road Traffic Act due to a drunk driving, in addition to the above fine prior conviction, and the fact that the defendant had been punished three times due to the crime of violation of the Road Traffic Act due to a drunk driving, was disadvantageous to the defendant, or the defendant was committed against his mistake through a prison life for two months after the confession of the crime, and the blood alcohol concentration of the defendant was not higher than 0.05% at the time of detection. Considering the following circumstances, the sentencing of the court below is 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.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and
1. Violation of Articles 40 and 50 of the Road Traffic Act (the crime of running under the influence of alcohol and the violation of the Road Traffic Act as of August 11, 2013).