도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In light of the fact that the Defendant was sentenced to 6 months of imprisonment with prison labor for an accident by driving a drinking, and the Defendant committed the instant crime of the same kind despite the fact that he had been subject to juvenile protective disposition four times due to driving without a license, etc., and the occurrence of traffic accidents at the time of the instant case and the Defendant’s blood alcohol concentration was very high to 0.203%, there is a need to strictly punish the Defendant.
However, the fact that the defendant recognizes and reflects the crime of this case, and disposes of the vehicle that was driven at the time of this case, and will not further repeat the crime.
In full view of the circumstances, such as the fact that the defendant's punishment for drinking driving is only one time, and that there is time difference between the case and the case, and that the defendant has been detained for more than two months, and the time of reflectiveness has been the time of imprisonment. As such, the suspension of the execution of imprisonment at this point can be effective in preventing recidivism, and other circumstances, including the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, and circumstances before and after the crime, which are conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, etc., the sentence imposed by the court below is too unreasonable.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again 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 below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 148-2 (2) 1 of the Road Traffic Act and the choice of imprisonment with prison labor for a crime;
1. The Criminal Act for mitigation of quantity;