도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (six months of imprisonment) is too unreasonable.
2. The fact that the blood alcohol level with high judgment, and that the defendant again committed the crime of drunk driving in this case despite the fact that he/she had been punished several times as a crime of drinking driving and refusing to measure drinking, is disadvantageous to the defendant.
On the other hand, the following conditions are favorable.
Defendant acknowledges and reflects crimes.
The length of the defendant's vehicle shall not apply.
Criminal records related to the last drinking driving of the defendant are about three years and five months from the date of occurrence of the criminal facts of this case.
There are family members to support the defendant, and family members and branch members of the defendant want to support the defendant.
In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Discretionary Judgment】
1. Relevant Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;