도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
1. The fact that the defendant committed the instant crime even though he/she was sentenced to two fines for the same kind of crime and one suspended sentence on the grounds of appeal is disadvantageous to the defendant.
However, it is unfair for the court below to take into account all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, career, family relationship, circumstances after the crime, etc., when considering the following: (a) the distance of the defendant's driving at the time of the crime of this case is relatively short; (b) the defendant disposed of the vehicle operated after the crime of this case; (c) the defendant supporting the 6th disabled person; and (d) the defendant's age, character and behavior, career, family relationship, the circumstances after the crime of this case and the circumstances after the crime of this case.
2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
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;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;