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 imposed by the court below (ten months of imprisonment) is too unreasonable.
2. The judgment of this case is that the Defendant had already been under the influence of alcohol driving twice or more but the case is not less than that of driving without a driver’s license while under the influence of alcohol 0.130% at the time, and the Defendant has been subject to punishment several times due to drunk driving and driving without a license (one-time imprisonment and four-time fines) in the past. In particular, the Defendant was sentenced by the Changwon District Court on February 14, 2014 to imprisonment with prison labor and three million won for the crime of injury, obstruction of performance of official duties, and violation of the Road Traffic Act (one year and two months for the crime of this case) and three million won for a repeated offense on July 30, 2014.
However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant does not have an accident due to the driving of the defendant in this case, the fact that the defendant supports two children of his wife and minor, the defendant does not repeat again, and all the circumstances that are conditions for sentencing specified in the records and arguments, such as the character, conduct and environment of the defendant, the background and result of the crime in this case, the circumstances after the crime, etc., the punishment imposed by the court below is somewhat unreasonable, and therefore the above argument by the defendant is reasonable.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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 Article 148-2 (1) 1 and Article 44 of the Road Traffic Act concerning the facts constituting the crime;