도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. In light of the fact that the defendant committed a case even though he had a criminal record of the same kind on several occasions, the defendant's crime is more severe.
However, in full view of the following circumstances: (a) the Defendant, who was sentenced to a suspended sentence of two years in April 201, was not a violation of the Road Traffic Act (driving without a license) due to a violation of the Road Traffic Act; (b) the Defendant’s serious reflective behavior that the Defendant said that he would live for his occupation as a tree; and (c) the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is somewhat unreasonable.
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 legal provisions concerning facts constituting a crime: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);
1. Commercial concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act;