도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is too minor for the original judgment.
2. Determination of the Defendant recognized the instant crime, and the fact that the instant drinking driving did not cause additional damage, such as traffic accidents, is favorable to the Defendant.
However, the crime of drinking driving is highly likely to cause a serious injury to a third party, who is a minor family member of another group, due to the driver's climatic and known judgment, and there is a need for strict punishment. When considering the factors of sentencing indicated in the record, including the fact that at the time of the crime of this case, the blood alcohol concentration level is somewhat high, and the defendant again committed the crime of this case despite the fact that the defendant had been punished for driving alcohol, the sentence of the court below against the defendant is unreasonable to maintain it as it is because it is too unfasible.
3. The appeal by the prosecutor of the conclusion is with merit, and the judgment of the court below is reversed, and it is decided as follows.
[Re-written judgment] Facts constituting an offense and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below.
Application of Statutes
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55(1)3 of the Criminal Act (i.e., circumstances favorable to the defendant as seen earlier) of the mitigated amount;
1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;
1. The grounds for reversal of the grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend, and the reasons for sentencing, as well as other circumstances revealed by the court below in the grounds for sentencing, such as the defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the punishment shall be determined by taking into account