도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. Although the defendant was punished several times for the same kind of crime, the defendant was under the influence of alcohol 0.139% as a vehicle driven at the time when he committed the same crime, and the defendant was under the influence of alcohol 0.139%, and was not faithfully complied with the progress of the judgment of the court below, a strict punishment is required. However, considering the fact that the defendant led to the confession of the crime, and the defendant reflects his wrongness through confinement life for more than two months, although the defendant was not guilty, and he was under the priority of suspended sentence for the same crime as the crime of this case, he was sentenced to a fine more than 10 years, but he was sentenced to a fine for the same kind of crime, and thereafter, the defendant was found to have been absent in the trial to maintain his livelihood, and the defendant was found to have been exposed to drinking control and was not exposed to an accident, the defendant's age, character and conduct, environment, and circumstances after the crime of this case, the judgment of the court below's decision is inappropriate.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Violation of Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment shall be imposed as provided for the crime of running a motor vehicle which is heavier than that of a motor vehicle;