도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The judgment of the court below is that each of the crimes of this case, even though the defendant had a history of driving under the influence of alcohol twice or more, is driving a vehicle about 1km without a driver's license while driving under the influence of alcohol of 0.142% without a driver's license, and the case is not weak. The driving under the influence of alcohol is a crime that may cause damage not only to himself but also to another person's life and body, and there is a need for strict punishment in accordance with the purport of the amended Road Traffic Act, and the defendant has past history of punishment for violation of the Road Traffic Act (two times a suspended sentence of imprisonment, and three times a fine).
However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, that the defendant would not drive while disposing of the motor vehicle of this case, that the defendant is in the position to support his wife and children who are suffering from mental illness, that the defendant already lives in custody for about three months, that each crime of this case was not committed during the period of suspension of execution, and that there was no accident due to the occurrence of the accident, etc., the circumstances favorable to the defendant, other character, character and environment and environment of the defendant, the background and result of each crime of this case, the circumstances after the crime, etc., and all the circumstances that are conditions for sentencing as shown in the records and arguments, the above argument of the defendant is deemed unfair, and therefore, the above argument of
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.