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 (e.g., e., imprisonment) by the lower court is too unhued and unreasonable.
2. The fact that the defendant acknowledges and reflects the crime, and that it is necessary to consider the equity between the case and the case of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act.
However, even though the Defendant was sentenced to a fine three times due to drinking driving (202, 2011, and 2013), the Defendant re-driving on March 2018, even though he had been sentenced to a fine on three occasions due to drinking driving (2002, 2011, and 2013), he re-driving the instant driving while his driver’s license was revoked, the blood alcohol concentration was very high at the time of driving, the Defendant’s distance was not short, and the Defendant needs to be punished with severe punishment in light of the risk of driving under the influence of drinking and the Defendant’s weak compliance consciousness.
In addition, when comprehensively considering the motive and background of the instant crime, circumstances before and after the instant crime, Defendant’s age, character and conduct, environment, etc., it is recognized that the sentence of the lower court is too uneasible and unreasonable.
Therefore, the prosecutor's argument of unfair sentencing is justified.
3. In conclusion, 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 it is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1.Article 40 of the Criminal Code of Trade and Trade.