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 sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The circumstances unfavorable to the defendant are as follows.
The Defendant had the same history of criminal punishment on several occasions due to a violation of the Road Traffic Act due to drinking and driving without a license as the instant case, and in particular, on August 12, 2016, at the Cheongju District Court sentenced the Defendant to imprisonment for a violation of the Road Traffic Act, for six months, and committed the same kind of crime even during the period of repeated offense.
The alcohol concentration of the defendant's blood at the time of driving is 0.147% and its numerical value is relatively high.
The conditions favorable to the defendant shall be as follows:
The Defendant, while making a confession of all of the crimes of this case, was disposing of not only in depth but also in a vehicle driven after this case.
The defendant's main figures want the defendant's wife against the defendant.
In addition, when considering the various sentencing factors indicated in the records of the instant case, such as the Defendant’s age, sex, family environment, motive for the crime, and circumstances after the crime, the lower court’s punishment against the Defendant is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of the penalty;