도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is unreasonable because the sentence of the lower court (a fine of five million won) is too unfilled.
2. The circumstances are favorable to the defendant, such as the fact that the defendant recognized his/her criminal act and reflects the wrongness, the blood alcohol concentration in the case of a drunk driving under paragraph (2) of the judgment below is relatively lower than 0.050%, and the fact that the defendant has no criminal record exceeding a suspended sentence.
On the other hand, the defendant was punished several occasions prior to each of the crimes in this case. In particular, the defendant was sentenced to a suspended sentence of six months on September 13, 2007 due to driving without a license for drinking, and was sentenced to a suspended sentence of two years on September 13, 2007, and was sentenced to a fine of 7.5 million won on June 23, 2009 for driving without a license for drinking again during the suspended sentence.
Nevertheless, in addition, the defendant repeated the driverless driving of this case, refusal of drinking measurement and drinking driving.
These circumstances are disadvantageous to the defendant.
In addition to this point, in full view of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is recognized that the court below's sentence of the fine to the defendant is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. As to the crime, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act, and Article 148-2 subparagraph 2 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); and Article 44(2) of the same Act concerning the refusal of the measurement of alcohol consumption.