도로교통법위반(음주운전)
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 sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The judgment is an unfavorable circumstance to the defendant, such as the fact that the defendant, even though he/she had the history of punishment several times due to drinking driving, has engaged in drinking while driving, and the occurrence of a traffic accident while driving under drinking.
However, in full view of the following factors: (a) the Defendant recognized his mistake and reflects; (b) there was no history of punishment exceeding a fine due to a drunk driving; and (c) the previous last drunk driving crime was committed in 2015; and (d) the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime; (b) blood alcohol concentration; (c) driving distance; and (d) circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369
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;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration in favor of the determination under paragraph (2));
1. The sentencing conditions as examined in the determination of Article 62-2(2) of the Criminal Act with regard to the reasons for sentencing under Article 62-2 of the same Act shall be determined as the order.