도로교통법위반(음주운전)등
The defendant's appeal against the judgment of the court below Nos. 1 and 2 and the prosecutor's appeal against the judgment of the court below No. 2 are dismissed.
1. Summary of grounds for appeal;
(a) The punishment sentenced by the first and second original judgment on the accused (the first original judgment: the fine of KRW 6 million; the second judgment: the imprisonment of KRW 2: one year and two months) is too unreasonable;
(b) the sentence imposed by the Prosecutor No. 2 on the Defendant is too unhued and unreasonable;
2. Determination
A. As to the judgment of the court below of first instance, the fact that the defendant led to a confession and reflect on the facts constituting an offense, and that it is not controlled by causing a traffic accident is favorable to the defendant.
However, even though the Defendant had been punished by a fine of KRW 70,00,00 due to driving under the influence of alcohol in 2006, 2 years of suspended sentence in 2008, and 2 million won due to driving under the influence of alcohol in 2012, the Defendant once driving under the influence of alcohol in this case. The Defendant’s blood alcohol concentration in the Defendant’s blood at the time of driving under the influence of alcohol in this case is considerably high by 0.096%, and other various circumstances, including the Defendant’s age, environment, sex behavior, motive for committing the crime, and circumstances before and after committing the crime, it cannot be deemed that the first sentence of the lower court is too unreasonable.
B. As to the judgment of the court below of the second instance, the fact that the defendant led to confession and reflects on the facts of the crime, and that the victim F of the crime of damage to special property and joint co-operation with F is favorable to the defendant.
On the other hand, the Defendant had been punished for a crime of violence and non-licensed driving in 2014, which was sentenced to a two-year suspended sentence for six months due to the crime of injury and non-licensed driving in 2014, and committed each of the crimes of this case again even though he was under the suspended sentence of the above imprisonment, and even if the victim'sO of the crime of assault and bodily injury suffered an injury, such as inside the right side of eight weeks of the required eight weeks of attention and the degree of damage, it is also recognized that the above victim did not reach an agreement with the victim, and thus,
The defendant's age, environment, sex, and others.