도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the lower court (the penalty of KRW 8 million) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The circumstances favorable to the defendant are that the defendant recognized his mistake and reflects his depth, and that there is no record of criminal punishment for the same crime for about ten years, etc.
However, the Defendant committed the instant crime without being aware of the fact that the Defendant had been sentenced to imprisonment with prison labor due to drinking, etc. even though he had been prior to driving of drinking, etc., and without being aware of the fact that he had been sentenced to imprisonment with prison labor, and driving of drinking is a crime that may cause serious harm to an unspecified person. The risk of the Defendant’s occurrence of an accident that causes five vehicles parked due to drinking, and the risk thereof is realized. The Defendant’s blood alcohol concentration at the time of the instant crime is not insignificant to 0.152% of the Defendant’s blood alcohol concentration at the time of the instant crime, and all other circumstances, including the Defendant’s age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., are considered unreasonable.
Therefore, the defendant's argument is without merit, and prosecutor's argument is with merit.
3. As such, the prosecutor’s appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the following is rendered after oral proceedings (as long as the prosecutor’s appeal is reversed on the grounds of its reasoning, it does not dismiss the Defendant’s appeal in its text). The summary of the facts constituting an offense and evidence of the Defendant recognized by the court is identical to each corresponding part of the court below’s judgment, and thus, it is cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of imprisonment for a crime shall be made.