도로교통법위반(음주측정거부)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and four months of imprisonment) is too unreasonable.
2. In light of the following circumstances: (a) the Defendant had been convicted of a fine due to driving under the influence of alcohol twice; (b) the instant crime committed the instant crime: (c) the Defendant, while driving under the influence of alcohol, was obstructed within a vehicle parked on the road for the signal waiting, refused to take a drinking test; (d) caused a traffic accident that caused considerable shock to the victims at the time when the Defendant did not pass from that time; and (e) went away beyond the central line, and (e) the Defendant escaped as it was in bad condition, such as the nature of the crime, it is appropriate to sentence the Defendant to the punishment.
However, in determining the punishment, considering the various sentencing conditions indicated in the records and arguments of this case, the lower court’s punishment is somewhat unreasonable, by taking into account the following: (a) there was no criminal record exceeding the fine imposed by the Defendant; (b) the Defendant agreed with the victim J and agreed with the Defendant at the lower court; and (c) the Defendant expressed an attitude against the victim H by recognizing all the crimes of this case.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 subparag. 2 and Article 44(2) of the Road Traffic Act, Article 148-2 subparag. 2 of the Road Traffic Act, Article 148 and Article 54(1) of the Road Traffic Act, as to the facts constituting an offense under the pertinent provision of the relevant Act (a point of non-measures after an accident);
1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).