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 (five million won of a fine) is too unhued and unreasonable.
2. The Defendant already committed the instant crime even though he had the history of criminal punishment on three occasions due to the crime of drunk driving.
Since severe punishment is required for repeated drinking driving in light of the social risk of the crime of drinking driving and the end-of-life, considering the circumstances favorable to the defendant, such as the confession and reflect of the defendant, and the blood alcohol concentration is relatively low, the sentence of the court below is deemed to be too unfasible and unfair.
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. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Determination of the grounds for appeal of the grounds for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture shall be made in full view of the various sentencing conditions as seen above.