도로교통법위반(음주운전)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than one year and by a fine not exceeding three hundred thousand won.
1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment and fine of 300,000 won) is too unreasonable.
2. The judgment of the court below is based on the fact that the defendant, who had been punished several times due to the violation of the Road Traffic Act due to the violation of the Road Traffic Act due to the driving without a license for drinking alcohol in this case, was investigated as a result of the violation of the Road Traffic Act due to the driving without a license for driving without a license, and caused a traffic accident while driving without a license for driving without a license for driving without a license, etc., and the risk of recidivism is considerably high, and thus, the defendant's sentence is inevitable.
However, it seems that the Defendant’s perception of the crime of this case reflects the Defendant’s mistake in depth and seems to be not good in health condition while driving Obane under a license without drinking, etc., and if the Defendant took into account all other factors of sentencing indicated in the records of this case, including the Defendant’s age, occupation, sex, sex, environment, family relationship, motive for crime, circumstance after the crime, etc., the sentence of the lower court is too unreasonable.
3. Accordingly, the part of the judgment below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed as the defendant's appeal is reasonable, and the following decision is rendered again after pleading.
【Inasmuch as the judgment used again is the same as the facts constituting the crime and the summary of the evidence recognized by the court, and the summary of the evidence, among the judgment below, the facts constituting the crime and the summary of the evidence are the same as the corresponding columns against the defendant, and thus, they are quoted in accordance with Article
Application of Statutes
1. The corresponding provision of Article 148-2 (1), Article 44 (1) (the point of drinking), Article 154 subparagraph 2, and Article 43 (the point of driving without a license) of the Traffic Act concerning the facts constituting an offense, and the compensation for damages of each motor vehicle.