도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. The Defendant, at the Ulsan District Court in 2015, was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court in 2015, and was under the suspended sentence of one year, committed the instant crime by driving again under the influence of alcohol or without a license.
However, in full view of the following circumstances: (a) the Defendant recognized the facts charged and did not repeat the offense; (b) the drinking value is relatively low; (c) the Defendant was detained for the first time in his/her life and seems to have sufficient opportunity to reflect on his/her living during approximately two months of detention; (d) the family members to support the Defendant’s age, sex, circumstances leading to the commission of the offense; and (e) other various circumstances that form the conditions for sentencing indicated in the record, such as the circumstances after the commission of the offense, the lower court’
3. As such, the defendant'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 the judgment below is ruled as follows after pleading.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment (see, e.g., Supreme Court Decision 201Da1448, Apr. 1,
1. Article 62 (1) of the Criminal Act on the suspension of execution (the foregoing consideration shall be made again);
1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;