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 summary of the grounds for appeal that the court below sentenced the defendant to the penalty of eight million won (a fine of eight million won) is deemed to be too unhued and unfair.
2. The judgment is that the defendant confessions a criminal facts and reflects on his driving without a license, the distance of drinking and driving without a license is deemed not to be clear, but the defendant has a large number of criminal records, and the defendant did not know about the punishment (three times the sentence was imposed due to the crimes included in the same kind of crime) and committed the crime in this case during the period of repeated crime due to the crimes included in the same kind of crime, and the blood alcohol concentration at the time of driving under the influence of alcohol is higher than 0.109%. The driving without a license in this case is not a driving without a license for life, and other sentencing conditions as shown in the records and arguments of this case, including the defendant's age, character and behavior, environment, motive and circumstance leading to the crime in this case, the means and consequence after the crime, and the circumstances after the crime, etc., the sentence of the court below is deemed to be inappropriate.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows.
Criminal facts
The summary of the facts of the crime and the evidence admitted by this court is as follows: "The facts of the crime are five times in total" at the end of the first head of the crime; "the person who has five times in total, who has been sentenced to imprisonment on January 5, 2013 with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) in the Changwon District Court's branch branch branch branch branch on January 5, 2013; on July 17, 2014, the execution of the sentence was completed at the Seoyang detention center on July 2014;" and "1. In the summary of the evidence, the investigation report (verification of repeated power), and the personal identification and acceptance status" are as stated in each corresponding column of the judgment of the court below, except for the addition of "the fact of the offense
Application of Statutes
1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and