도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The sentencing of the lower court (two years and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The judgment of the Defendant caused a traffic accident while driving alcohol or unlicensed driving, and the blood alcohol concentration at the time reaches 0.23%.
In 2016, the Defendant committed a crime of assaulting the mother by carrying a dangerous object despite being subject to a disposition that is not entitled to prosecution by assaulting the mother in 2016.
However, the defendant did not have any history of punishment exceeding a fine due to traffic crimes, and deposited 1.5 million won for the victim of traffic accidents.
The mother of the defendant does not want to punish the defendant and continuously want to take the action.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.
[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.
Application of Statutes
1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)1, and Article 44(1) of the Road Traffic Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act, Article 261, Article 260(2), and Article 260(1) of the Criminal Act, and Article 366 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. The punishment of imprisonment without prison labor shall be imposed on the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents at Time of Punishment and the remainder thereof;