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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.
2. On September 21, 2016, the Defendant was sentenced to a suspended sentence of two times due to his/her driving under the influence of alcohol, a fine for one time due to his/her driving under the influence of alcohol and a suspended sentence of one time due to his/her driving under the influence of alcohol, and the Defendant was sentenced to a suspended sentence of ten months due to his/her driving under the influence of alcohol or without a license for driving under the influence of alcohol in the Changwon District Court for the last three years. The Defendant was sentenced to a suspended sentence of two years due to his/her driving under the influence of alcohol or without a license for driving under the influence of alcohol and without a license for ten months in the grace period. The Defendant exceeded 0.1% of all the Defendant’s blood alcohol concentration at the time of driving the said four times. In light of the fact that the numerical value was considerably high at 0.148% at the time of driving the instant drinking, it is inevitable to sentence the Defendant
However, in light of all the circumstances, the punishment imposed by the court below is unfair because of the following: (a) the defendant recognized the crime; (b) disposed of the vehicle operated by the defendant; (c) the defendant attempted suicide after the instant case; and (d) the defendant is receiving treatment for alcohol addiction at the addiction center; and (c) when the sentence of the court below is finalized, the defendant shall be punished for a period of one year and eight months by imprisonment; (d) the punishment for a period of one year and eight months is too heavy; and (e) other circumstances, such as the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, and circumstances before and after the crime, are considered as conditions for the punishment specified in the records and arguments of this case.
3. The decision 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 judgment below is ruled again as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
The laws and regulations;