도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) by the lower court is too unreasonable.
2. In order to protect a large number of decent drivers and pedestrians due to frequent occurrence of traffic accidents caused by judgment driving, it is necessary to strictly punish driving under the influence of alcohol in order to protect a large number of decent drivers and pedestrians.
Although the Defendant had already been subject to criminal punishment twice due to drinking driving, he/she committed the instant crime during the period of repeated crime.
However, the defendant is guilty and is against the law.
The Defendant, at the same time, sent off a part of the driving of the instant vehicle, when he gets home first, was found to have obstructed the flow of traffic due to his parked vehicle, and was committed the instant crime in the course of moving and parking the vehicle so as not to interfere with the flow of traffic, and there are some circumstances that may be somewhat considered in the course of the crime.
The distance of the defendant's driving is shorter.
The defendant sells a vehicle and again does not drive a vehicle again.
The defendant's workplace compensation and branch people want to be the defendant's wife.
In full view of the above circumstances and other factors of sentencing, including the defendant's age, character and conduct, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, the sentence imposed by the court below is somewhat heavy.
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.
【The reasons for the judgment of the court below which was written] The facts constituting a crime and the summary of the evidence acknowledged by the court of this court and the summary of the evidence are stated in the corresponding column of the judgment below, except where “1. Defendant’s oral statement” is deemed as “1. Defendant’s oral statement in the appellate court.” Thus, Article 369 of the Criminal Procedure Act applies