도로교통법위반(음주운전)
1. The judgment below is reversed.
2. The defendant shall be punished by a fine of three million won.
3. The above fine shall not be paid by the defendant.
1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.
2. The judgment of the Defendant is recognized that: (a) the Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspended execution on October 5, 2018 for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was eight days before the date of the instant crime; (b) the judgment became final and conclusive on October 13, 201 and is still under suspended execution; (c) the instant crime of drunk driving requires strict punishment; and
However, the defendant recognized the crime of this case, especially when he was detained in the court below for about three months, and tried not to drive a motor vehicle again, and disposed of the motor vehicle to practice it, the blood alcohol level at the time of this case is not relatively higher than 0.066%, the defendant had no criminal record and criminal record for the same kind of crime, and if the sentence becomes final and conclusive in this case, the sentence of imprisonment for eight months which is suspended and additionally serving the above sentence. It seems to be very harsh, and it is recognized that the defendant's parent and family members want to take the lead of the defendant.
In addition, considering various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, etc., the sentence of the court below is too unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Criminal facts;