도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.
2. The judgment of the accused reflects the mistake when he/she acknowledges his/her crime.
Social ties are clear, such as the fact that the family members and the people of the defendant want to have their wife.
These circumstances are favorable to the defendant.
However, in 2008, the Defendant was sentenced to a fine for the crime of drunk driving in 2009, and each of the fine for the crime of drunk driving in 2010, but again committed the crime of drunk driving and without a license.
The blood alcohol concentration level at the time of the drinking driving of this case is 0.164% high.
These circumstances are disadvantageous to the defendant.
In addition to this point, in full view of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is recognized that the court below's sentence of the fine to the defendant is too uneasible and unreasonable.
3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized 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 Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol as stated in the original judgment), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the crime;
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 as stated in the holding by the lower court heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Voluntary mitigation of volume is in front of Articles 53 and 55(1)3 of the Criminal Act.