도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment and two years of suspended execution, etc.) is too unhued and unfair.
2. In full view of all the circumstances, including the Defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, etc., as well as the Defendant’s ability to punish the drunk driving twice, the instant crime was driven on an expressway in a drinking state, and the Defendant stopped the vehicle in an unstable state on the side, and then the risk was very high, and the blood alcohol level was considerably high, the lower court’s sentence is somewhat somewhat somewhat somewhat weak.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Act on Criminal facts and the
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 concerning orders to provide community service and attend lectures;