도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., a fine of KRW 10,00,000) imposed by the lower court is too uneased and unreasonable.
2. The judgment driving is a crime that is highly likely to cause harm to the life and body of others as well as himself/herself, so it cannot be justified for any reason and requires strict punishment.
Although the defendant was punished twice due to drunk driving, he again drives, and the blood alcohol concentration of the defendant is considerably high, and the distance of the defendant's drunk driving is not shorter.
The Defendant committed the instant crime without being aware of it during the period of suspension of execution.
Considering these circumstances, even if considering the circumstances, such as the fact that the defendant is against his own crime and is making efforts not to repeat the crime, such as receiving alcohol treatment, the sentence of the court below is deemed unfair.
3. In conclusion, the prosecutor'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.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Sep. 28, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing conditions, such as the Defendant’s age, character and conduct, environment, etc., as stated in Article 62-2(1) of the Criminal Act, shall be determined as ordered by taking into account the following circumstances: (a) the Defendant’s age, character and conduct, and environment; and