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 one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. Each of the instant crimes committed by the Defendant without a license is driving under the influence of alcohol by 0.214%, and it is difficult to view that there was an inevitable circumstance that the Defendant had to drive under the influence of alcohol at the time. In light of the fact that the Defendant had had been punished four times due to the crime of violation of the Road Traffic Act, even if he had had the history of repeated punishment for the crime of violation of the Road Traffic Act, it is not very good to commit the instant crime, and that there is a great need to punish the Defendant, considering the purpose of the amended Road Traffic Act to strengthen the punishment in consideration of the danger of drunk driving and social harm.
However, the defendant is going against his mistake in depth and again, and the accident occurred due to the driving of each of the crimes of this case. The defendant seems to have been under the time of self-esteem through confinement for about two months or more due to each of the crimes of this case, the defendant is a fine, the defendant is a criminal defendant who has been punished for the violation of the past Road Traffic Act, the defendant seems to have a family member to support the defendant, the 'two or more criminal records of drinking driving' constituting the violation of the Road Traffic Act of this case is under the influence of two or more times prior to the enforcement of the current Road Traffic Act, and there is room for some consideration. The defendant's family and person wanting to take a preference against the defendant, and considering all the circumstances such as the age, character and behavior of the defendant, family environment, circumstances of the crime, etc., the punishment of the defendant's punishment is somewhat inappropriate, and the above argument of the defendant is justified.
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