도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
At the time of the instant crime, the Defendant’s blood alcohol concentration reaches 0.136%.
The defendant, while driving a drinking alcohol, caused a traffic accident and the risk of driving drinking was realized.
In 2014, the Defendant was sentenced to two years of imprisonment with prison labor due to special larceny, etc., and completed the execution of the sentence, and committed the instant crime during the repeated crime period.
Circumstances favorable to the defendant shall be as follows:
The defendant has led to the crime of this case, and has been detained for a considerable time, and he has committed a prison life.
The defendant has no record of being punished for driving under drinking, and there is no record of being punished for driving without a license after being sentenced to a fine of 300,000 won due to driving without a license in 208 for a somewhat long time.
There is no person injured by the above traffic accident, and the actual results of the actual risk of driving drinking shall be light.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.