도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment) is too unreasonable.
2. In addition, even though the Defendant was indicted on October 28, 2019 and was tried on October 28, 2019 due to the crime of drunk driving and unlicensed driving as stated in the judgment below, the Defendant committed the crime of drunk driving andless driving as stated in the judgment of the court below on November 23, 2019, and all of the crimes of this case were highly high blood alcohol concentration.
However, in full view of the fact that the defendant shows his mistake and reflects, the previous conviction before the crime of this case was ordered to be sentenced to a summary order of KRW 3 million in around 2018, and that efforts was made to prevent recidivism such as voluntarily receiving alcohol addiction counseling after the crime of this case, the defendant's family members to support the defendant, and the defendant's family members seem to suffer considerable economic difficulties due to the detention of the defendant, and other factors revealed in the arguments of this case such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, criminal records, etc., the sentence imposed by the court below is somewhat inappropriate.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act; and
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of drinking and driving)