도로교통법위반(음주운전)등
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 main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. The Defendant committed the instant crime even though he/she had been punished several times due to drinking driving (three times a fine).
Considering the fact that the blood alcohol level of the instant crime is 0.146%, there is a need to strictly punish the Defendant.
However, it is against the defendant's wrong recognition of the crime of this case, and it is said that the defendant will not repeat the crime while disposing of the vehicle.
There is no history that the defendant was punished for a suspended sentence or heavier.
In addition, considering all of the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant, the sentence of the court below is unreasonable.
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 reasonable, and the following decision is rendered after pleading
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows, except for the addition of “a statement made by the defendant in the trial court” in the summary column of the evidence, and thus, it is identical to the statement in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 3
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) and 55 (1) 3 of the Criminal Act ( considered the favorable circumstances in the preceding);
1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;