도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of the grounds for appeal and the sentencing (in the case of original trial, ten months of imprisonment, two years of suspended execution, and forty hours of taking courses);
2. Although the judgment of the court below was made on the confession of the defendant, the defendant's blood alcohol concentration was high (0.194%) and driving the place where traffic volume was frequent in white weeks without a license. In full view of the above, the court below's punishment is too low and the criminal records of driving under the same kind of alcohol are added in addition to the original judgment.
Therefore, I will accept the prosecutor's question that points out this issue.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Judgment of the court below] The summary of facts constituting an offense and evidence recognized by the court below is cited as it is in accordance with Article 369 of the Criminal Procedure Act as stated in the corresponding column of the court below.
Application of Statutes
1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;