도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The judgment below is an offense that may inflict a great harm on an unspecified person. The social risk is considerably high. The two vehicles are shocked by the Defendant who was parked in the drive under the influence of alcohol, and the Defendant’s blood alcohol concentration at 0.205% is very heavy at the time of the instant crime, and the Defendant’s blood alcohol concentration at the time of the instant crime is disadvantageous to the Defendant.
However, in full view of the fact that the defendant was under trial for committing the crime of this case, there is no record of being punished for drunk driving, the fact that there is no particular record of crime other than the records of each fine in 199 and 2001, and that he would not drive under the influence of alcohol again, such as receiving hospital treatment in order to correct wrong drinking habits, and other various sentencing conditions as shown in the argument of this case, such as the defendant's age, character and conduct and environment, motive for committing the crime, means and result, etc., the court below's punishment is deemed to be too unreasonable, and therefore the defendant's assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows, except for the addition of 1.1. defendant's oral statement in the summary of the evidence, as stated in each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;