도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The Defendant, even though having been punished several times for the same kind of crime, was engaged in drinking and licensed driving, and the fact that the occurrence of a traffic accident causes physical damage is disadvantageous to the Defendant.
However, in full view of the following factors: (a) the defendant's mistake is recognized and against the defendant; (b) the suspended sentence of imprisonment for the same kind of crime was sentenced to imprisonment was 2000 years; (c) the previous crime of driving under the influence of alcohol was committed in 2011; (d) there was a family member to support the previous crime; and (e) the defendant's age, character, conduct, environment, family relationship, motive and background of the crime; (e) the degree of blood alcohol concentration, operating distance, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's above assertion is justified.
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 following is ruled again after pleading.
【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369
Application of Statutes
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration in favor of the determination under paragraph (2));
1. It is examined in the determination of Article 62-2(2) of the Criminal Act on the grounds of sentencing.