도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (seven months of imprisonment) is too unreasonable.
2. The Defendant has been subject to punishment several times due to non-license and drinking driving, including two times of suspended sentence due to suspended sentence, and repeated without license and drinking driving in a short period since 2016, and thus is highly likely to repeat the crime.
At the time of driving the instant drinking, the alcohol concentration in the blood of the Defendant is very high to 0.260%.
Although the Defendant was investigated by the police due to the driverless driving case No. 4956 of the High Order 2017, the Defendant again caused a traffic accident that led to a driverless driving or drinking without a license No. 4677 of the High Order 2017.
However, the Defendant recognized all the crimes of this case and opposed to the mistake.
The defendant's records of the same probation are not less than 10 years, and there is no record of criminal punishment in addition to twice the same fines after 2008.
The defendant is responsible for the livelihood of the family, and the family members of the defendant want to take the lead of the defendant, and the defendant want to take the lead of the defendant.
The Defendant had been detained in prison for two months as the instant case, and had time to live in prison.
In addition, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are the same as stated in each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts and Article 152 subparag. 1 of the Road Traffic Act.