도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is excessively unreasonable.
2. The Defendant, who had already been punished three times by a fine due to drinking driving, is driving without a drinking license for two times again.
In light of the fact that the accident occurred and the blood alcohol concentration is very high, the nature of the crime is extremely poor. However, considering the fact that the defendant is against the crime of this case, the defendant has no criminal history exceeding the fine, and the defendant has no other criminal history, the defendant's age, character and character, environment, circumstances of the crime, and the result, the court below's punishment is somewhat unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, it shall be 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and
1. Articles 40 and 50 (Mutual between the crimes of violating the Road Traffic Act as of December 26, 2013 and the crimes of violating the Road Traffic Act as of December 26, 2013, and the crimes of violating the Road Traffic Act as of May 13, 2014, and the crimes of violating the Road Traffic Act as of May 13, 2014);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);