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, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal filed each appeal on the grounds that the Defendant was too unfilled and unfair due to the lower court’s punishment (six months of imprisonment). The prosecutor filed each appeal on the grounds that the lower court’s punishment is too unfluent and unfair.
2. The crime of this case on the part of the defendant committed the crime of this case on the part of his blood while his license for driving under the influence of alcohol was revoked, resulting in a traffic hazard by driving a vehicle while under the influence of alcohol with 0.17%. In light of the circumstances of the crime, the degree of driving, etc., the crime's quality is not less exceptionally, the crime was punished twice due to the driving of alcohol, the investigation agency and the court below did not have good conditions after the crime of this case actively attempted to conceal the crime of this case by allowing him to make a false statement and perjury at the investigation agency and the court below, and the current Road Traffic Act provides that the person who violated the prohibition provision on driving under the influence of alcohol twice or more as in this case shall be punished more strictly in the case of the person driving under the influence of alcohol, with the intention of preventing the driving under the influence of alcohol under the influence of traffic safety and impairing the awareness of it.
However, in full view of all of the sentencing conditions that are favorable to the defendant, such as the defendant's age, family relation, criminal records, sex, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the court below is somewhat unreasonable and unfair, in view of the following factors: (a) the defendant has committed the crime of this case and reflects his mistake in depth through a life for a period of up to two months; (b) there is no record of criminal punishment exceeding the fine imposed on the defendant; (c) traffic accident has not occurred due to the crime of this case; and (d) the defendant's health status has not been good.
3. If so, the defendant's appeal is reasonable. Thus, the defendant's appeal is governed by Article 364 (6) of the Criminal Procedure Act.