도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.
2. The judgment of the Defendant committed the instant crime, despite the fact that the Defendant had been punished as a fine or a suspended sentence of imprisonment for the same crime, and that he/she again committed the instant crime, whose alcohol content is relatively high, and that he/she had a high risk by driving cargo is disadvantageous to the Defendant.
However, in full view of all the sentencing conditions, including the defendant's age, sex, environment, motive, means and consequence, circumstances after the crime, etc., the sentence of the court below is somewhat inappropriate and unfair.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.
In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.
Application of Statutes
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55 (1) 3, Mar. 1, 19