도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and four months) of the lower court is too unreasonable.
2. Determination is a relatively high level of alcohol level (0.109%) at the time of driving under the influence of alcohol in the instant case; the Defendant had been prior to his driving under the influence of alcohol in five times (the fine in 2003, the fine in 2005, the fine in 2007, the fine in 2012, and the suspension of the execution of imprisonment in 2015) and among them, is a factor that is disadvantageous to the Defendant.
However, although the Defendant’s recognition of the instant drinking driving, the Defendant’s recognition of the drinking alcohol driving, and the Defendant’s previous convictions in five order, among these three times of drinking driving, the Defendant’s previous convictions for more than ten years, and the Defendant’s previous convictions for five years prior to the suspension of the execution of imprisonment, etc. are factors for sentencing favorable to the Defendant.
In addition, when comprehensively taking account of the following factors: equity in sentencing and sentencing, age, character and conduct, criminal records, motive and background leading to driving under the influence of alcohol in this case, and circumstances after driving under the influence of alcohol, the lower court’s sentence is deemed unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.
Application of Statutes
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (Article 55(2) of the Criminal Act) shall be determined by taking into consideration the circumstances examined in the above Article 53 and 55(