도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.
2. While the Defendant had been punished several times for traffic-related crimes, including drinking driving, the Defendant committed the instant crime.
At the time of the instant case, the alcohol concentration among the blood of the Defendant is relatively high.
However, the Defendant recognized the instant crime.
This case is driven by the defendant in order to move the parked vehicle, and the distance of the vehicle is not driving.
The defendant's final drinking is 8 years prior to his or her driving, and there is no previous driving after his or her drinking.
In addition, considering the various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, the sentence sentenced by the court below is unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again 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 the same as the 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. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (the consideration of favorable circumstances among the loss of destruction as seen earlier);
1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the judgment of reversal as seen earlier);
1. In the judgment of the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc., the sentence as ordered shall be determined by comprehensively taking account of the various reasons for sentencing on the grounds for sentencing.