도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, and forty hours of an order to attend a probation and a compliance officer training course) that the court below sentenced is too uncomfortable and unfair.
2. The judgment of the defendant is a favorable condition to the defendant, such as the confession and reflect of the defendant, and the defendant drives a motorcycle other than a motor vehicle.
However, drinking driving is an offense that may cause damage not only to a driver, but also to a third person's life and property, and requires strict punishment by reflecting the purpose of revision of the Road Traffic Act, etc. It is very high that the defendant's blood alcohol concentration (0.270%) is high, the defendant's acquisition of a driver's license does not occur once, and the traffic accident occurs due to the driver's licenseless driving of this case. In the past, the defendant has been punished several times due to the violation of the Road Traffic Act (3 times of suspended sentence of imprisonment, 4 times of fine) and the violation of the Road Traffic Act (4 times of suspended sentence of imprisonment). In particular, on September 8, 201, the Changwon District Court sentenced two years of suspended sentence of six months to imprisonment with prison labor for a violation of the Road Traffic Act (2 years of suspended sentence of September 16, 2011), and the judgment of this case became final and conclusive on September 16, 2011.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence is the same as that of the judgment below.