도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.
2. The judgment of the defendant has the record of being punished several times due to driving without a license, and the defendant was sentenced to eight months of imprisonment on February 13, 2015 due to the crime, etc. that caused a traffic accident due to driving without a license driving without a license, and was sentenced to a repeated driving of each of the instant non-licenses on several occasions, and continued driving under the influence of alcohol, and continued driving under the influence of alcohol on several occasions. The defendant appeared to have a very rare awareness of compliance with the traffic-related laws and regulations, such as causing a traffic accident up to two occasions, and passing away without taking necessary measures after one accident, and passing away without agreement with the victims of each traffic accident, etc., which is disadvantageous to the defendant.
However, in light of the following: (a) the Defendant was in the first instance trial, and the attitude of recognizing and reflecting all of the instant crimes; (b) the degree of damage caused by traffic accidents is relatively minor; (c) the vehicle driven by the Defendant is covered by the comprehensive motor vehicle insurance; (d) the Defendant’s health is not good; and (e) other conditions of sentencing as indicated in the instant records and changes, such as the Defendant’s age, sex behavior, environment, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts constituting the crime and the evidence admitted by this court is as follows: (a) the part on the part of “in the section of about 4 km” following the 3 km of the lower judgment among the facts constituting the crime of the lower judgment is added; and (b) the part on “the driver’s license without the driver’s license of the motor vehicle” in the summary of the evidence “10 [1].”