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, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. The crime of this case is found to be unfair by taking full account of the following factors: (a) the Defendant driven a motor vehicle which is not covered by mandatory insurance without a driver’s license while under the influence of alcohol of 0.185%; (b) caused a traffic accident by shocking the motor vehicle driven by the victim by negligence in violation of the signal; (c) even though the degree of damage of the damaged motor vehicle is serious, the Defendant is recognized as not making any effort to recover from damage; (d) the Defendant led to the Defendant’s confession of criminal facts; (e) his mistake through detention life remaining around two months; (e) the Defendant committed a crime of violation of the Road Traffic Act before the year 200; (e) the Defendant did not have any other criminal records as well as a fine imposed once for the crime of violation of the Road Traffic Act under the influence of alcohol; (e) the personal damage was not caused by the traffic accident caused by the Defendant; and (e) other all the sentencing conditions indicated in the records and arguments of this case.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 46 (2), the main sentence of Article 8, Article 151 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012); Article 151 of the Road Traffic Act concerning criminal facts;
1. Trade name;