도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The Defendant had the record of being sentenced to a fine twice due to driving of alcohol, and the Defendant was prosecuted on December 9, 2016 due to driving of alcohol and driving of drinking at once despite the circumstance under which the Defendant was tried to proceed with the trial. The Defendant’s degree of alcohol concentration in the blood of the Defendant at the time of driving of each of the instant drinking, which exceeds 0.1%, is disadvantageous to the Defendant.
However, in light of the following circumstances: (a) the Defendant recognized the commission of a crime; (b) the driving of a self-driving driving on March 14, 2017, a short distance of 30 meters driven by the Defendant to call for a proxy engineer; (c) the Defendant disposed of the vehicle driven by the Defendant; (d) the Defendant has no criminal record higher than that of the suspension of the execution; and (e) the Defendant suspended the execution of a sentence than that of the Defendant; and (c) the Defendant ordered a considerable time of community service and a lecture for compliance driving; and (d) the last giving more opportunities once to prevent recidivism; and (e) other various circumstances, including the Defendant’s age, environment, sex behavior, the circumstances before and after the commission of the crime, and the circumstances before and after the crime, it is deemed unfair that the sentence of the lower court is too unreasonable.
3. The decision of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows. Since the prosecutor's appeal is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below.