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 sentencing of the lower court (two years of imprisonment, two years of suspended sentence, two years of probation, one hundred and twenty hours of community service, and forty hours of a compliance driving lecture) is too unreasonable in its summary of the grounds for appeal.
2. It is recognized that at the time of the instant case, the Defendant’s blood alcohol content is very high to 0.176%, and the Defendant had the records of punishment twice due to drinking driving, and that the Defendant committed the instant crime during the probation period due to home protection cases.
However, considering all of the sentencing conditions shown in the pleadings, such as the fact that the defendant's mistake is divided in depth and that there is no previous conviction other than twice before the above drinking driving, the sentence of the court below 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 following judgment is rendered again.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of circumstances favorable to the reason for reversal);
1. Article 62 (1) of the Criminal Act on the suspension of execution (wholly considering the circumstances favorable to the defendant on the grounds of reversal);
1. Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;