도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal: The lower court’s sentence of an unreasonable sentencing (7 million won of a fine) is too unhued and unreasonable.
2. The circumstances, such as the Defendant’s confession and reflects the instant crime from the lower court to the trial court, the occurrence of a traffic accident resulting from the driving of drinking alcohol in this case, and the fact that there is no criminal record exceeding the fine, are favorable to the Defendant.
However, in light of the social risk of the crime of drunk driving and the end of the crime, strict punishment is required, and the defendant has already been punished twice due to the crime of drunk driving, but again committed the crime of this case despite the fact that he had already been punished two times due to the crime of drunk driving, which is disadvantageous to the defendant.
In full view of the Defendant’s unfavorable circumstances and other Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and various sentencing conditions expressed in the trial process, the lower court’s punishment is deemed unreasonable as it is deemed unreasonable.
Therefore, the prosecutor's argument of unfair sentencing is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing of Article 62-2 of the Criminal Act to order probation and lecture attendance.