도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of one year 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 (amounting to five million won) against the Defendant is too unhued and unreasonable.
2. The fact that the Defendant appears to have the attitude of acknowledging and opposing the instant crime, and that there is no particular criminal punishment, other than once a fine, should be considered as favorable to the Defendant.
On the other hand, the defendant is not aware of the fact that he had already been sentenced to a fine due to driving under drinking, but is likely to be criticized in light of the fact that he had been driving without a license in the state of drinking at the same time for only five months from the date of the above sentence, the blood alcohol concentration is relatively high, and the drinking and non-licenseless driving may cause a serious threat to the life and body of the citizens who use the road as well as the driver.
Considering the above circumstances and the Defendant’s age, sexual conduct, background and result of the commission of the crime, the circumstances after the crime, etc., and all the circumstances on the sentencing as indicated in the records and theories of changes in the crime, etc., the lower court’s punishment is deemed to be too uneasible and unfair.
Therefore, prosecutor's assertion 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 after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the court below's judgment. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of penalty;