도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. The Defendant committed the instant crime again only for six months, even though he/she had been punished for the crime of drinking, unlicensed driving, and traffic-related crimes, even though he/she had the record of being sentenced to suspended sentence due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicles) in 2010 and 2013.
At the time, blood alcohol level was high 0.121%, and even if the victim suffered an injury, such as saves, saves, saves, and saves, which require three-day medical treatment, by causing a traffic accident, the nature of the crime is heavy by escape without taking necessary measures.
It is inevitable to punish the defendant accordingly.
However, the defendant agreed with the victim in the course of investigation, and the mistake of the crime of this case is divided in depth, and reflects it.
In addition, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below is somewhat inappropriate.
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 charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 154 subparagraph 2 and 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Code of Trade Competition.