도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (eight months of imprisonment) is too unreasonable.
2. In light of the fact that the defendant was punished several times for a violation of the Road Traffic Act or a violation of the Road Traffic Act, and that he/she was sentenced to a suspended sentence of two months on February 16, 201 for a violation of the Road Traffic Act or a violation of the Road Traffic Act on February 16, 2011, and again committed each of the instant crimes during the suspended sentence of two years, and that the blood alcohol concentration at the time of each of the instant crimes reaches 0.191%, it is inevitable to sentence the defendant to a suspended sentence.
However, considering the favorable circumstances, such as the fact that the defendant reflects his mistake and does not repeat the crime, and the fact that the vehicle has been scrapped after the crime, and other various sentencing conditions such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below seems to be somewhat unreasonable, and the defendant's assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts and evidence recognized by the court is the same as the 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. Subparagraph 1 of Article 148-2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same shall apply) concerning criminal facts, Article 152 subparagraph 1 of the former Road Traffic Act and Articles 152 subparagraph 1 and 43 of the former Road Traffic Act (a point of driving without a license) concerning criminal facts;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;