도로교통법위반(음주측정거부)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. In light of the circumstances after the crime, there is a need for strict punishment against the defendant, considering the fact that the defendant had been subject to criminal punishment several times, including the suspended sentence, due to the crime such as drinking driving, etc. in this case, even though he had been subject to criminal punishment due to the crime such as drinking driving, etc., and that there is a high possibility to criticize again the crime in this case, and that the crime is very poor in light of the circumstances after the crime.
However, the defendant has no record of being sentenced to punishment for a drunk driving or without a license for the last three years or more, and there was no record of being sentenced to punishment for the crime of this case. The distance which seems to have driven in a drinking state is about 100 meters and did not lead to traffic accidents. The defendant seems to have obtained the risk of drinking driving through a drinking life and the severe weight of penal regulations through a confinement life, and shows his intention to avoid drinking driving again because he is likely to cause a concern about the employee of I who was under detention and his old parents who reached 90 years of age, and to not drive under the influence of alcohol again, considering all the sentencing conditions stated in the records of this case, such as age, character, occupation, occupation, environment, family relationship, motive, means and result of the crime, etc., the above punishment sentenced by the court below is unfair because it is too unreasonable.
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.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below. Thus, it is in accordance with Article 369 of the Criminal Procedure Act.