도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The judgment of the driving under the influence of alcohol is a crime that may cause damage not only to an individual, but also to a third person's life and property, and requires strict punishment by reflecting the purpose of the revision of the Road Traffic Act, etc. In the past, the fact that the defendant has been punished several times due to a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act (free license) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (one time of suspended sentence of imprisonment and six times of fine) are disadvantageous to the defendant.
However, in full view of the circumstances favorable to the defendant, such as the confession of the crime of this case and the fact that the defendant reflects his mistake through confinement for more than two months, the location of the defendant supporting his family, the defendant's disposal of the vehicle and the fact that the defendant does not repeat again, etc., and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the character, conduct and environment of the defendant, the background and result of the crime of this case, the circumstances after the crime of this case, etc., the punishment imposed by the court below is deemed unreasonable, and therefore, the above argument of the defendant
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 provisions of Article 148-2 (1) 1, 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;
2.Articles 40 and 50 of the Criminal Code of Trade and Trade shall be more severe.