도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of reasons for appeal: The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. The judgment of the defendant has a large number of criminal records for the same offense, and the defendant's sentence is inevitable if he/she again drives a drinkingless driver's license even though he/she is under the suspension of execution due to a violation of traffic laws by the same type of crime.
However, there are favorable circumstances for the defendant, such as the first time that the defendant is sentenced to a sentence due to drinking or non-licenseless driving, the fact that the person with hearing and speech disorder 3 is the disabled, the fact that the risk is less than the vehicle, the drinking value is not higher than the vehicle, the fact that the previous suspension of execution is expected to be invalidated and the imprisonment is expected to be reinstated for a long time in this case, and in full view of all the sentencing conditions in this case, such as the character and behavior, environment, the background and result of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 154 subparagraph 2 and 43 (the point of driving without a license) of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The Criminal Act to mitigate deaf-mutes;