도로교통법위반(음주운전)
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. Summary of grounds for appeal;
A. The sentence (one million won of a fine) imposed by the Prosecutor is too unfluent and unjust.
B. The above sentence imposed by the court below is too unreasonable.
2. The grounds for appeal by the public prosecutor and the defendant shall be examined together;
The fact that the defendant led to the confession of the crime of this case is favorable to sentencing.
However, in full view of the following circumstances: (a) there is a need to give a strong warning that the Defendant had done so three times in a short period of time; (b) the Defendant’s age, character and conduct, environment, occupation, details and contents leading to the instant crime; and (c) the circumstances leading to the sentencing conditions indicated in the record, such as the circumstances after the crime, the sentence of the lower court is deemed unreasonable
Therefore, the defendant's argument is without merit and the prosecutor's argument is with merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the defendant runs counter to the confession of the crime in this case);
1. The grounds for reversal of the sentence of Article 62-2 of the Criminal Act for sentencing are as shown in the above.