도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
, however, for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.
2. Although the Defendant had been punished five times (200, 2007, 2007, 2008, and 2015) due to drinking driving, the Defendant again committed the instant crime, and the fact that the blood alcohol concentration level at the time of the instant crime is relatively high, etc. are disadvantageous to the Defendant.
However, the crime four times except the most recent crime among the punishment records for drunk driving is the crime of this case which has long been committed between 12 and 20 years, and the most recent crime has been punished by a fine. The defendant recognized the crime of this case and divided his mistake, the defendant's disposal of the vehicle of this case does not repeat again, the distance of the vehicle of this case is relatively short and does not cause a traffic accident, and the defendant's family members and visitors want to take the preference against the defendant, etc. are favorable to the defendant.
Examining the aforementioned circumstances and the various conditions of sentencing as shown in the records and arguments of this case, such as equity with the sentencing of similar cases identical or similar to the defendant, the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, records of the crime, etc., it is deemed that the sentence of the court below is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, the summary of the evidence is identical to the facts in each corresponding column of the judgment of the court below.
Application of Statutes
1. Criminal facts;