도로교통법위반(음주운전)
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 decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. In light of the fact that the defendant, who had been punished three times, including the suspended sentence due to the crime of violating the Road Traffic Act due to the crime of violating the Road Traffic Act due to the drunk driving, as stated in the judgment below, committed the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the
However, considering all other factors such as the Defendant’s age, character and behavior, environment, health conditions, motive for the crime, circumstance after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable, because it is too unreasonable, considering the following factors: (a) the Defendant committed the instant crime; and (b) the Defendant’s same criminal records appears to have lived faithfully in around 2012 without any specific punishment power.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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;
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;