도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The summary of the grounds for appeal (unfair punishment) of the original judgment (two months of imprisonment) is too unreasonable.
Judgment
The crime of this case is a situation unfavorable to the defendant, where the defendant drives a considerable distance from blood alcohol level to 0.181%, and the quality of the crime is not good, and the defendant has a record of punishment several times for the same crime (4 times of fine, one suspended execution, and one suspended sentence).
However, in full view of the following: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the Defendant sold the vehicle driven at the time of the instant crime and did not repeat again; (c) the Defendant supported his parent and two children; and (d) the Defendant’s age, character and conduct, environment, details of the instant crime, and circumstances before and after the instant crime, the sentence of the lower court is somewhat unreasonable.
As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
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;