도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Although it is recognized that the defendant's wrong determination on the prosecutor's assertion of unfair sentencing is recognized and against the defendant's wrong determination, the defendant is found to have been sentenced to imprisonment and a fine not less than seven times due to drinking driving, and the blood alcohol concentration level of the defendant was very high, in light of the defendant's speech and walking condition at the time, the defendant was only taking into custody of the defendant, and eventually, the defendant caused the traffic accident that leads to two vehicles parked around the drinking driving of this case, and the other factors of sentencing as indicated in the records and arguments of this case, including the defendant's age, character and behavior, health, home environment, motive and circumstance leading to the crime, and circumstances before and after the crime, etc., it is judged that the sentence of the court below (two years of suspended sentence in August, probation, compliance driving 40 hours) is inappropriate.
2. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances in the judgment on the grounds for reversal);
1. Article 62-2 (1) of the Criminal Act concerning probation, community service or order to attend lectures;