도로교통법위반(음주운전)
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 (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.
2. The Defendant, after being sentenced to a fine twice due to drinking driving, was sentenced to the suspension of the execution of imprisonment, community service, and compliance driving due to his refusal to measure the drinking alcohol, committed the instant crime in addition, the Defendant committed the instant crime, and made a high level of alcohol concentration during blood.
However, the defendant does not drive drinking again while breaking his mistake.
In full view of all of the reasons for sentencing specified in the records and arguments in the instant case, including the fact that the vehicle has been disposed of to practice, the fact that there has been an interval of time between the past and the instant crime for not less than four years, the fact that there has been detention for not less than three months, and the fact that the children of middle school are neglected to support the children of this case, etc., it is necessary to postpone the execution of imprisonment and to provide the Defendant with an opportunity to improve their character and behavior only once.
Since the court below's punishment is too large, it is judged that the punishment is unfair.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;