도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (eight months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.
2. In this case, in light of the fact that the blood alcohol content was 0.172% in this case, the defendant was punished seven times (five times a fine and two times a suspended sentence) for a crime related to the same violation of the Road Traffic Act, and in particular, despite the fact that he had been sentenced to a suspended sentence for six months on July 28, 2010, he repeatedly committed the crime of this case, despite the fact that he had been sentenced to a suspended sentence for two years on July 28, 2010.
However, the defendant recognized the crime of this case and sold the vehicle in this case under the name of the wife after the occurrence of this case, the most important thing is to support the wife including the mother and the two married children, the defendant's wife, etc., who wanted to take the defendant's wife and prevented the recidivism of the crime of this case, and taking into account the defendant's age, career, environment, character and conduct, motive, circumstance, means and method of the crime of this case, method and result, various sentencing conditions as shown in the argument of this case, such as the circumstance after the crime of this case, etc., the court below's punishment is too unreasonable. Thus, the defendant's assertion of unfair sentencing is justified.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is delivered after the pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of the penalty;