도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of the grounds for appeal and the sentencing (in the case of original trial, ten months of imprisonment, two years of suspended execution, and forty hours of taking courses);
2. Although the judgment is based on the Defendant’s confession of a crime, the Defendant’s blood alcohol concentration was high (0.165%) and the traffic accident was occurred by drinking while driving under the influence of alcohol at a place where the traffic volume was frequent, and the harm of drinking driving is serious, the sentence of the court below is too low and thus unfair.
Therefore, I will accept the prosecutor's question that points out this issue.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Judgment of the court below] The summary of facts constituting an offense and evidence recognized by the court below is cited as it is in accordance with Article 369 of the Criminal Procedure Act as stated in the corresponding column of the court below.
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; Act No. 16037, Jun. 25, 2019);
1. Article 62 (1) of the Criminal Act;
1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;