도로교통법위반(음주운전)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six months.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended sentence, two years of probation, two hundred hours of community service order, 40 hours of order to attend a course) is too unhued and unreasonable;
2. The Defendant: (a) while under the influence of alcohol level 0.188%, while driving without a license, the Defendant: (b) obstructed the course of the Defendant’s vehicle; (c) obstructed the Defendant’s vehicle; and (d) took the front of the D vehicle with the Defendant’s vehicle; and (d) took a dispute with D; and (d) reported the driving of alcohol, the Defendant assaulted the police officer as seen earlier on the ground that
(Assault is dismissed by agreement with D in the first instance trial). The Defendant denied driving by a police officer upon a police officer's dispatch of a report by D, but was the time to commit a crime of drinking at the time of investigating the suspect at the police. On the first trial of the court below, the Defendant denied driving again during the second trial of the court below and recognized the crime of drinking during the second trial of the court below.
In light of the circumstances, contents, circumstances after the crime of this case, etc., the crime of this case is very poor.
In addition, the Defendant was punished by a fine for a total of seven times from 201 to 2010 due to driving without a license for drinking, and on September 8, 2010, the Defendant again committed the instant crime even though he was sentenced to imprisonment for six months, suspension of execution, two years, probation, community service, 80 hours, and 40 hours of attendance order.
Since such repeated punishment has not been eradicated, it is necessary to strictly punish the defendant.
In full view of the above circumstances, comprehensively taking account of the following circumstances, the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, and various sentencing conditions indicated in the instant records and pleadings, given that the Defendant is against his/her wrong judgment and is a family member to support the Defendant, the instant case and the Criminal Act are determined by the sentence of 6 months of imprisonment, 2 years of suspended execution, and 80 hours of community service on February 21, 2014.