도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. The judgment of the driving under the influence of alcohol is an offense that may cause damage not only to the life, body, or property of another person but also to the life, body, or property of another person and need to be punished strictly.
In particular, although the defendant had been punished several times for the violation of the Road Traffic Act, he committed the crime of this case at the same time during the period of repeated crime, and the risk of drinking driving has been realized by causing traffic accidents.
Considering the above circumstances, there is a need for strict punishment corresponding to the criminal liability against the accused.
However, in full view of the following factors: (a) the Defendant was led to his confession, and the blood alcohol level at the time of committing the crime was relatively high to 0.079%; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) all the sentencing conditions shown in the instant records and the trial process, including the circumstances after the crime, are somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Reason used in the judgment of the court below】 The criminal facts and summary of the evidence recognized by the court below are the facts constituting the crime of the court below. Second, the third part of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except where the "Road Traffic Act Offense" is deemed to be the crime of violation of the Road Traffic Act. Thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;