도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.
2. Determination
A. The Defendant has been punished for driving under the influence of alcohol three times, and it is recognized that all of the above drinking driving force was committed within the last five years, and the Defendant had already been subjected to a suspended sentence with respect to the last driving force of drinking, but again had again driven under the influence of drinking, even though he was subject to a suspended sentence.
B. However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake and speaks against the Defendant; (b) the Defendant was married on the day of the instant case, and was in a state of drinking with guests; (c) the Defendant appears to have been driving in order to put his body in a decent condition due to pregnancy; (d) the Defendant’s wife is expected to give birth around May 2016; and (e) the Defendant’s wife is required to support the Defendant’s consciousness immediately with his wife; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, including the Defendant’s age, circumstances leading to the commission of the crime, and the circumstances after the commission of the crime.
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55(1)3 of the Criminal Act (the foregoing) for mitigation of a small amount;
2. (b) Circumstances favorable to the entries in the port;