도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant suffered from friendly depression and depression, and was in a state of mental and physical loss or mental weakness due to excessive recovery from psychotropic immunity and depression.
B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
2. In full view of the background, method, and circumstances before and after each of the instant crimes committed in accordance with the evidence duly adopted and examined by the lower court, the Defendant had no or weak ability to discern things or make decisions at the time of each of the instant crimes.
In addition to the defendant's assertion, there is no evidence to support the defendant's argument as to whether the defendant used excessive amount of immunity and depression at the time of the crime of this case. Thus, the defendant's mental and physical disability argument is without merit.
3. The Defendant had been subject to criminal punishment twice prior to the instant case due to driving of drinking alcohol or refusing to measure drinking (one time a suspended sentence of imprisonment and one time a fine).
Nevertheless, the Defendant was tried for a violation of the Road Traffic Act (drinking driving), etc. which became final and conclusive in the judgment of the court below, and again caused the instant traffic accident without a license or insurance.
The victim of a traffic accident was unable to reach an agreement or pay damages.
However, the defendant's mistake is divided and reflected, the alcohol concentration in the blood of this case is not relatively higher than 0.04%, the equity should be taken into account when the judgment of the court below becomes final and conclusive at the same time, and the same drinking driving power has already been 10 years prior to the defendant's age, ordinary character and behavior, environment, family relationship and social relationship, and the motive for the crime of this case.