도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight 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 (eight months of imprisonment) is too unreasonable.
2. The instant crime is an unfavorable circumstance against the Defendant, such as the following: (a) the Defendant’s blood alcohol concentration was very high; and (b) the degree of injury inflicted on the victim was not mitigated.
However, in full view of all the sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant was in the first instance court and the victim did not want the punishment against the defendant, that the defendant is the first offender, that the defendant is the first offender, and that the defendant's age, character and conduct, circumstances before and after the crime, circumstances before and after the crime, and the distance of drinking driving, etc., the sentence of the court below is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In full view of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and the reasons for appeal, the same is ordered in the judgment of several sentencing factors.