도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (a fine of eight million won) declared by the lower court is too unhued and unreasonable.
2. The Defendant recognized all of the instant crimes.
There is no history of criminal punishment exceeding a fine.
However, despite the fact that the defendant was punished four times due to the drinking driving and the crime without a license, the defendant is highly likely to repeat the crime by lowering the crime of drinking and driving without a license at the same time.
The distance of driving is not shorter.
In full view of the above circumstances, Defendant’s character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal records, etc., the sentence of the lower court is unreasonable as it is unreasonable.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled
[Discied 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 of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. The punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) of the ordinary concurrent crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration of favorable circumstances among the reasons for reversal in the preceding way);
1. Determination of the sentence like the order shall be made in full view of various sentencing factors in the judgment of the reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for reversal).