도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
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. The judgment of the defendant committed the crime of drunk driving on the same day, and the blood alcohol concentration in the second crime was high by 0.243%, and the victim H suffered injury by causing a traffic accident, etc. are disadvantageous to the defendant.
On the other hand, the above victim expressed his intention that he does not want the punishment of the defendant, and the defendant does not have the same power except that he has been sentenced to a fine once on January 2006 due to drinking driving, and there is no record of a crime exceeding a fine.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive and means of crime, and circumstances after crime, the lower court’s punishment is somewhat heavy.
Therefore, the defendant's argument is justified.
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.
【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to the facts in each corresponding column of the judgment of the court below.
Application of Statutes
1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol and choice of imprisonment as stated in paragraph (1) at the time of market approval), the former part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) (the point of driving under the influence of danger, choice of imprisonment), Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol as stated in paragraph
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 of the Criminal Act for discretionary mitigation.