도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. The judgment of the court below is based on the following facts: the defendant, who had been punished several times due to the violation of the Road Traffic Act due to the act of drinking driving in this case, as stated in the grounds for sentencing unfavorable to the defendant, has a high risk of recidivism, such as driving in the state of drinking alcohol concentration of 0.172%, while driving in the state of drinking alcohol level of 0.172% during the suspension period due to the act of this case, and the court below committed violence to the police officer who controlled drinking driving and committed obstruction of the performance of his duties, it is inevitable to sentence the defendant as to the crime.
However, the lower court’s punishment is too unreasonable in light of the following factors: (a) the Defendant’s age, occupation, character and behavior, environment, family relationship, health status, motive, and circumstances after committing the instant crime; and (b) the distance of driving in a drinking condition is relatively short; and (c) other factors for sentencing indicated in the record of the instant case, such as the Defendant’s age, occupation, character, environment, family relationship, health condition
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 with merit, and the following judgment is rendered again after pleading.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;