도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (one year of imprisonment) is too unreasonable.
2. The Defendant has been punished for the same crime several times, and there are unfavorable circumstances, such as that the Defendant has committed a second offense during the suspension of the execution of imprisonment with prison labor for the same crime.
However, in light of the fact that the defendant appears to repent of wrong offenses, such as preventing recidivism through the treatment of alcohol addiction, and the fact that the court below's sentence is unfair because it is too big and is too unreasonable in light of various sentencing conditions indicated in the records such as the defendant's age, sex, family relationship.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in 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. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;