도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 3.5 million) is too unhued and unreasonable.
2. The judgment of the accused reflects the mistake when he/she acknowledges his/her crime.
The blood alcohol concentration level at the time of driving under the influence of alcohol of this case is 0.077% not high.
These circumstances are favorable to the defendant.
However, the Defendant was sentenced to a fine for the crime of drunk driving in 2008, 2011, and 2012, and was sentenced to a fine due to the crime of drunk driving in 2012, and again committed the crime of drunk driving and without a license at the time of not more than five months from the time of being sentenced to a fine due to the crime of drunk driving in 2012.
These circumstances are disadvantageous to the defendant.
In addition to this point, in full view of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is recognized that the court below's sentence of the fine to the defendant is too uneasible and unreasonable.
3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized 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 Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol as stated in the original judgment), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the crime;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act as stated in the holding by the lower court heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the preceding);
1. Article 62 of the Criminal Act: