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.
except that, for 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 million) of the lower court is too uneased and unreasonable.
2. The Defendant’s confession and reflects the instant crime is favorable to the Defendant.
However, the drinking driving is a crime that may infringe on the lives and bodies of not only the driver but also the citizens using the road, and the defendant has been sentenced to a fine on three occasions due to drinking driving. On February 9, 2018, the defendant was sentenced to a suspended sentence of one year for six months due to the obstruction of performance of official duties, etc. and was sentenced to a suspended sentence of one year for six months on February 20, 2018, and the judgment became final and conclusive on February 20, 2018, and the degree of the defendant's drinking is very heavy, etc. that are disadvantageous to the defendant.
Considering the above circumstances and other factors of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, the background of the instant crime, and the circumstances after the crime, the lower court’s punishment is deemed to be too uneasible and unreasonable.
Therefore, the prosecutor's above assertion is justified.
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 reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept 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); 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. Fully considering the circumstances seen earlier prior to the sentencing of Article 62-2 of the Criminal Act.