도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. The judgment of a drunk driving is a serious crime that may endanger the life and body of himself/herself and other persons, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory penalty for such crime, and the blood alcohol concentration is relatively high to 0.134%, and the defendant has a record of being punished several times for the same crime (which has a record of being sentenced to a suspended sentence in 2013) and is disadvantageous to the defendant.
However, in full view of all the favorable circumstances such as the defendant's recognition of the crime of this case and the fact that the defendant did not repeat the crime of this case, the risk of traffic accidents caused by drunk driving is not realized, the defendant's family members and prisons have hours of self-esteem while living in custody for 2 months in the case of this case, the defendant's family members and prisons have submitted a written application to the effect that they appeal the defendant's preference against the defendant, and the defendant's favorable circumstances such as the defendant's age, character and behavior, environment, background and method of the crime, circumstances after the crime, criminal records, etc., the sentence imposed by the court below is unreasonable.
3. As such, the defendant'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 it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);
1. The Criminal Act, the suspension of execution;