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. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The judgment is an unfavorable circumstance to the defendant, such as the fact that the defendant had been punished twice for the same kind of crime, and the fact that the defendant has been engaged in a long time driving, and that the driving distance is relatively low.
However, in full view of all the sentencing conditions in the instant case, including the fact that the Defendant repents and reflects his mistake, the fact that there is a family member to support the Defendant, the fact that there is no record of punishment exceeding the fine, and other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance of the offense, means and method of the offense, and circumstances after the offense, it is deemed that the lower court’s punishment is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. As such, the defendant'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 the following is ruled again after pleading.
【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369
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); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 201);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration in favor of the determination under paragraph (2));
1. The sentencing conditions as examined in the determination of Article 62-2(2) of the Criminal Act with regard to the reasons for sentencing under Article 62-2 of the same Act shall be determined as the order.