도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes 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. The Defendant’s blood alcohol content is considerably high at 0.187% at the time of judgment, and the quality of the crime is not good by asking the police officer who demanded the measurement of drinking on the road by asking the police officer’s buckbbbbbbbbbs, etc., despite the fact that the Defendant had been subject to criminal punishment several times due to the violation of the Road Traffic Act (driving) and the obstruction of performance of official duties, etc., but the Defendant recognized all of the instant crime, thereby violating his mistake. The Defendant agreed with the victim of the crime of interference with business and fraud, the Defendant did not have any history of punishment heavier than the fine, other than the suspended sentence of imprisonment due to the Defendant’s violation of the Punishment of Violences, etc. Act on September 198 and May 2002, taking full account of all the circumstances leading up to the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, and conditions before and after the crime.
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 347 (1) of the Criminal Act concerning the crime;
1. Violation of Article 40 and Article 50 of the Road Traffic Act (the crime of driving without a license).