도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. As to the Defendant’s assertion of unfair sentencing, this case constitutes a case where the Road Traffic Act is severely punished by heavy punishment by driving under the influence of alcohol at least two times, and the Defendant has the past record of having been sentenced by driving without a license for drinking alcohol in the past. However, considering the Defendant’s age, health, character and behavior, family environment, blood alcohol concentration level and circumstances after the crime, etc., the lower court’s punishment (six months of imprisonment) is somewhat heavy considering the following factors: (a) the Defendant has committed a wrongful act by driving under the influence of alcohol without a license for drinking alcohol in the past; and (b) the Defendant’s disposal of the vehicle that had been driven by scrapping and disposal of the vehicle; and (c) the Defendant has not committed a second offense; and (d) other various sentencing conditions indicated in the instant records and arguments,
2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading
Criminal facts
The summary of the facts charged and the evidence admitted by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);
1. Article 62-2 (1) of the Criminal Act concerning probation, community service or order to attend lectures;