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 one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, probation, community service order 120 hours, and 40 hours of order to attend a compliance driving) that the court below sentenced is too unreasonable.
2. The judgment of this case is that the defendant already driven a motor vehicle under the influence of alcohol with a blood alcohol level of 0.053% even though he had a history of driving two or more times, and the case is not less than that of the case. The drinking driving is not only the person himself but also the crime that threatens another person's life and body, and there is a need for strict punishment in accordance with the purport of the amended Road Traffic Act. The defendant has past records of having been punished several times due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (hereinafter referred to as a fine of eight times).
However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the blood alcohol content ratio of the defendant is relatively low to 0.053%, the accident occurred due to the driving of the defendant in this case, and the fact that the defendant does not have any criminal record exceeding the fine, etc., and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the character, conduct and environment of the defendant, the background and result of the crime in this case, the circumstances after the crime in this case, etc., the punishment imposed by the court below is somewhat unreasonable, and therefore
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is 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 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 of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
2. Discretionary mitigation Criminal Act;