도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable as the gist of the grounds for appeal is too unreasonable.
2. Determination of the Defendant’s blood alcohol concentration is considerably high, the Defendant threatened police officers on official duty with a deadly weapon for the control of drinking driving, and the obstruction of official duty performance is a crime detrimental to the State’s function by nullifying the legitimate exercise of public authority, and thus, the need for strict cutting is disadvantageous.
However, in full view of all the sentencing conditions of the instant case, including the following facts: the Defendant’s mistake is divided and rebuttaled, the Defendant did not repeat the offense; the Defendant’s sleepd inside the house, and the drinking control occurred, the Defendant appears to have committed a crime interfering with the performance of official duties on a contingent basis; the Defendant’s expulsion was suspended from the Defendant’s children at the site; the Defendant deposited KRW 500,000 for the victimized police officers at the time of the trial; the Defendant’s family members to be supported; the Defendant’s age, sexual behavior, environment; the background and result of the instant crime; and the circumstances after the crime, etc.; and the lower court’s punishment is too too unreasonable, and the Defendant’s above assertion is reasonable.
3. As such, the defendant's appeal is with merit, and 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 again decided as follows.
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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting a crime under the relevant Act, Articles 144 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of special duties);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Article 37 of the Aggravation of Concurrent Crimes Act.