도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. The judgment of the court below requires strict punishment when the defendant was aware of the same criminal history and committed the crime in this case without being aware of it during the probation period. However, the defendant led to confession of the crime and reflects his mistake, the defendant was found to have not caused accident, and the motor vehicle driven after the crime in this case is scrapped, the suspension of execution becomes null and void due to the crime in this case and will be sentenced to a punishment (one year of imprisonment). It seems to be harsh that the defendant is serving a two-year term of imprisonment, and that it seems that the defendant is physically disabled persons of Grade 3 and is not good in health status, and the defendant's age, environment, sex, motive for the crime in this case, circumstances before and after the crime in this case, and other various circumstances that are conditions for sentencing as shown in the records and arguments are considered to be somewhat 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 judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The grounds for determining the Defendant’s improper assertion of sentencing prior to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows.