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.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unreasonable.
2. The judgment driving is an offense that may cause damage to the life, body, or property of a person who is not only the person in question but also the person in question and needs to be punished strictly, the defendant has been punished five times in total due to a violation of the Road Traffic Act (driving). In particular, the defendant committed the instant offense even though he was sentenced to two years of suspended sentence on November 7, 2012 due to the same crime on November 7, 2012, and the defendant's blood alcohol concentration was considerably high to 0.130% at the time of the crime, it is deemed that there is a need for strict punishment corresponding to the criminal liability against the defendant.
However, the defendant shows his attitude to make a confession and seriously against himself, and again, he does not drive drinking again.
In full view of the following facts: (a) there is no criminal record other than traffic crimes; (b) there is no criminal record other than the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) all of the sentencing conditions in the process of the trial, including the circumstances after the crime, etc., the lower court’s punishment is somewhat unreasonable.
3. In conclusion, 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 with merit, and it 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 in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;