도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
1. The circumstances favorable to the Defendant are that the Defendant recognized the instant crime and reflected the instant crime, and that the mother of the aged who is not healthy is supporting, etc.
However, in light of the following circumstances: (a) the Defendant was punished twice for the same crime; (b) the blood alcohol concentration at the time of driving under the influence of alcohol in this case was high; and (c) the circumstance where driving under the influence of alcohol did not seem to have any special circumstances to take into account; (b) the driving under the influence of alcohol is a crime that may cause serious damage to the life, body, or property of another person as well as himself; (c) the Defendant’s age, character and conduct, family relation, the background and motive of the crime; and (d) the various sentencing conditions indicated in the record, including the circumstances after the crime, are deemed unreasonable.
2. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
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;