도로교통법위반(음주운전)등
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.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
At the time of the instant crime, the Defendant’s blood alcohol concentration reaches 0.199%.
Defendant was sentenced to the suspension of the execution of imprisonment with prison labor in 2001 due to the same crime, and was sentenced to a fine in 2004 and around 2016, and was punished for traffic-related crimes.
Circumstances favorable to the defendant shall be as follows:
The Defendant led to a confession of the instant crime, and lives under confinement for the instant case, and is committing the instant crime.
Defendant did not commit the same crime from around 2004 to around 2016, and there was no record of punishment exceeding the fine since around 2001.
In 2016, the alcohol concentration was 0.077% at the time of blood before and after the driving of light alcohol.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the sentence of the lower court is too unreasonable.
Defendant’s assertion is with merit.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62(1) of the Criminal Act 1.