도로교통법위반(음주운전)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) sentenced by the court below (one year and six months of imprisonment) is too unreasonable.
2. Determination is an unfavorable circumstance to the Defendant, such as the fact that the Defendant was punished on three occasions due to drinking alcohol driving, and that there was a history of punishment for refusing to take a drinking test once, immediately after the crackdown on drinking and driving without a license, and that the Defendant committed an act of interference with ordinary traffic by raising an objection to the crackdown.
However, there are circumstances favorable to the defendant, such as the fact that the defendant does not repeat the vehicle while scrapping the vehicle, the traffic accident does not occur due to each of the crimes of this case, the previous five years among four times of drinking driving or the previous five years of refusal to measure drinking, and there is no record of punishment exceeding fines, and there is no record of punishment exceeding the fine, and the detention for about four months after being detained under the court below's sentence, and the defendant seems to have been given an opportunity to take care of himself.
Examining the above circumstances, such as the defendant's age, sex, environment, health conditions, circumstances after the crime, etc., and various conditions of sentencing as shown in the records and theories of change, the punishment sentenced by the court below is too unreasonable because it is too unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license) and the Criminal Act concerning criminal facts.