도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
The defendant's blood alcohol concentration is high.
The defendant committed the crime of this case again even though he had had the same criminal record in several times.
On the other hand, the following conditions are favorable.
The defendant shows a position to reflect his fault.
The distance of the defendant's driving is very short.
The last criminal record of the defendant is the old for more than five years from the crime of this case.
Where this judgment becomes final and conclusive, the existing suspension of execution will be invalidated and thus, the additional imprisonment will be imposed concurrently.
There is a family member to support the accused.
In addition, in full view of the sentencing balance with the same crime, the background of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and the environment, the court below's punishment is too unreasonable, and the defendant's assertion is reasonable.
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.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;