도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended sentence) of the lower court against the Defendant is too unreasonable.
2. It is recognized that the Defendant had a criminal record of having been sentenced five times a fine due to drunk driving or unlicensed driving. The instant crime was committed on June 5, 2015 after being sentenced to a fine of 6 million won due to drunk driving on June 5, 2015, and was committed more than ten days after being sentenced to a fine of 6 million won, and that the blood alcohol content content at the time of committing the crime reaches 0.162%.
However, in full view of the following circumstances: (a) the Defendant was trying not to repeat a crime while committing the crime; (b) the driving of the instant case did not cause traffic accidents; (c) the driving distance was short; and (d) the circumstances are not taken into account; and (c) the Defendant’s age, career, and family relationship, the sentence imposed by the lower court is too unreasonable.
3. As such, the defendant's appeal is with merit. 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 ruled
[Discied Judgment] The summary of facts constituting an offense and evidence presented by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (In addition to the foregoing circumstances, consideration shall be given to the absence of any record of criminal punishment heavier than that of probation);
1. Order to attend lectures under Article 62-2 of the Criminal Act;