도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. The sentence of the lower court (six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. We also examine the judgment and the Defendant’s respective arguments on unreasonable sentencing.
It is recognized that the defendant led to the confession of the crime, and his mistake is repented in depth.
On the other hand, the defendant committed the crime of this case during the period of repeated crime even though he had been sentenced to three years and six months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, on September 21, 2012, even though he had been sentenced to imprisonment on the basis of the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, he committed the crime of this case during the period of repeated crime. Although the defendant seems to have dealt with the consideration for his crime of this case to a certain extent, the above case does not seem to have dealt with the consideration for his own crime. However, the defendant's argument that the defendant committed the crime of this case at a speed of 0.13% alcohol concentration exceeding 67km at a speed of 167km per hour when he neglected to meet the speed limit of 167km, and that four family members of this case who neglected to meet the needs to die as fire, and thus, the defendant's assertion that the defendant's imprisonment with prison labor and behavior should be sentenced to an excessive punishment of 10% alcohol.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is well-grounded, and the following is again decided after pleading.
[The reasons for the judgment of multiple times] The same is stated in the corresponding column of the judgment of the court below, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.