도로교통법위반(음주측정거부)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. Unfavorable circumstances: Crimes of refusing to measure the alcohol of this case are not good, and the crimes of assault of drivers of this case also are highly likely to be subject to criticism.
Defendant has been punished several times for violent crimes.
The favorable circumstances: The defendant was in the first instance, and the defendant was unable to punish the defendant by agreement with the victim of the crime of assault against the driver of this case.
In February 2017, there is no record of punishment for refusing to drive alcohol or to measure alcohol, except for those subject to a punishment of a fine of one million won as a result of a drunk driving under the influence of alcohol in 0.051%.
The defendant shows his attitude to reflect his mistake through prison life for a period of three months.
When comprehensively taking into account all the conditions of the arguments and the records of the instant case, including the Defendant’s age and background, relationship with the victim, the details and contents of each of the instant crimes, and the circumstances after each of the instant crimes, including the aforementioned unfavorable circumstances and favorable circumstances, the lower court’s punishment is deemed unfair because it is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.
[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding part 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 the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (the refusal of drinking and the choice of imprisonment), and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of violence against drivers and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.