도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (six months of imprisonment) is too unreasonable.
However, since there are several records of punishment for the same crime including a suspended sentence of six months of imprisonment due to drinking driving, etc. in 2010, the criminal liability of the defendant is not easy.
However, considering the fact that there was no loss of human life caused by the instant crime (the physical damage was not charged but was not charged), and that there was time to live in custody for three months in the instant case, the punishment of the lower court is too unreasonable, considering the following circumstances, such as the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc., which are the conditions for the sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the instant crime.
Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable to the grounds for reversal);
1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be considered repeated as a favorable reason for the reversal);
1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;