도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. In the past, the Defendant has been punished several times (4 times a fine and three times a suspended sentence of imprisonment) due to a violation of the Road Traffic Act (driving without a license), a violation of the Road Traffic Act (driving without a license), a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes). In particular, on February 6, 2013, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act at Changwon District Court was sentenced to a suspended sentence of 2 months on February 14, 2013, and the judgment became final and conclusive on February 14, 2013. In light of the fact that the Defendant was sentenced to the suspended sentence, the Defendant repeated the drinking driving of this case again on June 16, 2013, and the Defendant’s past records, etc., it is difficult to expect the effect of the prevention of drinking driving to the Defendant as long as repeated punishment is more severe.
However, in full view of all the circumstances that are favorable to the defendant, such as the confession, character and environment of the defendant, the background and result of the crime of this case, etc., the punishment imposed by the court below is somewhat unreasonable, since it is recognized that the defendant's punishment imposed by the court below is somewhat inappropriate, in light of the following circumstances: (a) the defendant does not cause a traffic accident due to the driving of this case; (b) the defendant's punishment for four months is additionally imposed for the defendant who has been suspended due to the invalidation of the above suspension of execution; (c) the defendant is a disabled person of Grade 6 with a delay disability; and (d) the defendant is at the location to support his parents, wife, and children; and (e) the circumstances and arguments that are conditions for sentencing
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.
Criminal facts
The substance of the facts charged and the summary of the evidence recognized by the court.