도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. In light of the fact that the Defendant, who had been punished twice, including the suspension of the execution of imprisonment, due to the violation of the Road Traffic Act due to the refusal of measurement of alcohol in the same case, committed the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the same kind,
However, considering the following factors: (a) the Defendant’s mistake in the course of committing the instant crime is seriously against the Defendant’s life in custody for two months, and the economic situation is difficult; (b) the Defendant appears to have faithfully lived without any specific punishment power after 2010; and (c) other factors for sentencing indicated in the instant records, including the Defendant’s age, character and conduct, environment, health conditions, motive for committing the instant crime, and circumstances after committing the instant crime, the lower court’s punishment is too unreasonable.
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.
【Discied Judgment】 The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, and thus, the gist of the evidence is identical to each of the relevant columns of the judgment below. Thus, they are quoted in accordance with
Application of Statutes
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;