도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence (10 months of imprisonment) rendered by the court below is too unreasonable in light of the following: (a) the defendant recognized the instant crime and is against the depth of the Defendant; and (b) the summary of the grounds for appeal (unfair sentencing) is deemed unreasonable.
2. Before the judgment on the grounds of appeal, the statutory penalty for the crime of violation of the Road Traffic Act (drinking driving) is ex officio for a period of one to three years, or a fine of one million to one hundred million won. The statutory penalty for the crime of violation of the Road Traffic Act (drinking without a license) is a fine of three hundred thousand won or less, or a penal penalty for the crime of violation of the Road Traffic Act is a fine of three hundred thousand won or more, and if a person selects imprisonment with prison labor for a crime of violation of the Road Traffic Act (drinking driving without a license), the lower court, without legal mitigation or reduction, committed a crime against the Defendant, who committed a crime of ten-month imprisonment with prison labor for less than the lower limit of the above applicable sentences, and such a violation affected the judgment.
In this respect, the judgment of the court below can no longer be maintained.
3. As such, the judgment of the court below is reversed ex officio without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.
[Re-written judgment] The criminal facts against the defendant recognized by this court and the summary of the evidence are those who have been sentenced to two years of suspended sentence in October and who are currently under suspended sentence on July 29, 2016, and whose judgment became final and conclusive on July 29, 2016, and are still under suspended sentence 12 times.
“A person who has been sentenced to a suspended sentence of two years in October, and who has been sentenced to a suspended sentence of 12 times.”
In addition to "Ro-ro," it is identical to each corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1 of the Road Traffic Act concerning facts constituting a crime