도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. In light of the fact that the Defendant had already been punished several times due to drinking driving or driving without a license (one time a suspended sentence of imprisonment, five times a fine), and the Defendant committed the instant crime, which is the same crime during the suspended period, without any genuine reflect, despite being subjected to a suspended sentence for driving without a license in 2011, the Defendant should be punished strictly.
However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant committed the instant crime; and (c) the Defendant’s blood alcohol concentration was relatively high by 0.054%; (c) the Defendant’s spouse’s health condition was not good; and (d) the Defendant’s wife was going to married; (b) the period of the previous stay of execution has expired in the trial; (c) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; (d) the motive and circumstance leading to the instant crime; (e) circumstances before and after the instant crime; and (e) the occupation and family relationship, etc., all of the sentencing conditions shown in the instant argument, such as the Defendant’s age, character and environment; and (e) the Defendant
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes shall be more severe.