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 gist of the grounds for appeal is too unreasonable that the lower court’s punishment (limited to six months of imprisonment, two years of suspended sentence, 80 hours of community service, and 40 hours of attending the compliance driving course) is too unreasonable;
2. The judgment of the court below was made on February 2, 2013 when the defendant was sentenced to a fine for driving without a license for drinking alcohol on or around April 2013, but again prevented each of the of the of the of the of the of the instant crimes. However, the court below's punishment is somewhat inappropriate in view of the following factors: (a) the distance of the defendant driving a vehicle at the time of the crime did not change; (b) the defendant did not have any other penal records than the above fine; (c) the defendant recognized his mistake and would not again drive without a license for drinking; and (d) the defendant would not drive without a license again; and (e) the defendant's degree of blood alcohol concentration, age, character and behavior, environment, circumstances after the crime, etc. at the time of the crime, and all of the sentencing conditions specified in the records and arguments of the instant case.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
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 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. An order to attend a lecture shall be rendered for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;