도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. Considering the fact that the Defendant committed the instant crime because of the high blood alcohol concentration and the lapse of the period of probation even though the Defendant had a previous conviction for the same kind of crime, strict punishment against the Defendant is needed.
However, considering the fact that the defendant is in depth of his mistake, the distance of the defendant's driving is not long, the balance of sentencing with the same crime, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, and other conditions of sentencing as shown in the argument of this case, such as the circumstances after the crime, the court below's punishment is too unreasonable, and the above argument of the defendant is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted 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;