도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., two years of imprisonment) is too unreasonable.
2. As the judgment of the court below properly states, there are circumstances unfavorable to the defendant, such as the fact that the defendant has been punished three times for violent crimes, the fact that the defendant has been punished twice due to drinking driving, etc., each of the crimes of this case during the period of repeated crimes resulting from double-class crimes, the fact that the blood alcohol concentration is very high for the crime of drunk driving as stated in the judgment of the court below, the violence to victims and the degree of injury resulting therefrom are considerably significant for the crime of joint injury as stated in the judgment of the court below, and the fact that the defendant additionally committed the crime of bodily injury as stated in the judgment of the court below while being tried for the crime of drunk driving
However, on the other hand, it is necessary to take into account the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case, and divided his mistake, that all the victims of joint injury and injury agreed with the court below's decision, that they expressed their intention not to punish the defendant, that recently married spouse is in front of childbirth, long-term detention against the defendant is likely to involve excessive difficulties, and that the defendant's family and work union members want to take a preference against the defendant.
Examining the circumstances in which the defendant was not able to commit the crime as above, the balance with the sentencing of the related case, the age, character and conduct, the environment, the circumstances of the crime, the circumstances after the crime, and the record of the crime, etc., the punishment sentenced by the court below is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.
[Judgment which has been written]