도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The defendant has a record of being punished several times for the same crime, and in particular, the defendant committed each of the crimes in this case during the probation period due to the violation of the Road Traffic Act.
On the other hand, the fact that the defendant repents and reflects his wrong, that there is a disability to the defendant and his spouse, and that there is a family member to support the defendant is favorable to the defendant.
In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, economic condition, motive for committing the crime, and circumstances after committing the crime, the lower court’s punishment is somewhat inappropriate.
Therefore, the defendant's above assertion is justified.
3. As such, the defendant's appeal is with merit, and 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 again decided as follows.
【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. In light of all the sentencing conditions as examined in the determination of the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment shall be determined as ordered by taking into account the following factors: