도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. While the Defendant had been punished four times due to drinking and driving without a license, the Defendant committed the instant crime.
At the time of the instant crime, the Defendant’s blood alcohol concentration was considerably high by 0.116%.
However, the defendant has no particular criminal record other than the above fine records, and has committed a crime in depth and has not committed a second offense.
The defendant is responsible for the livelihood of his father and wife in senior age, and his father and wife in the third grade of high school, and due to the default of his company accompanying, the defendant is now suffering from a big economic difficulty.
In addition, considering all the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, and circumstances after the crime, the sentence sentenced by the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;