도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for six months.
However, this decision is delivered to the Defendants.
1. The main point of the grounds for appeal is that the punishment imposed by the court below on the Defendants (six months of imprisonment) is too unreasonable.
2. As to the Defendants’ assertion of unfair sentencing, each of the instant crimes is disadvantageous to the Defendants, on the following grounds: (a) Defendant A driven a vehicle while under the influence of alcohol 0.138%; (b) Defendant B made a false statement to the investigative agency as if Defendant B driven the said vehicle, thereby allowing Defendant A, an offender, to escape; and (c) the Defendants denied each of the instant crimes from the investigative agency to the court below.
However, in full view of all the circumstances that are favorable to the Defendants, such as the confession and rebuttal of each of the instant crimes when the Defendants were in the trial, the Defendants did not have any criminal record exceeding the fine, and the Defendant A was in the position to support the two children and the parents of the sick and wounded, etc., as well as other Defendants’ character, behavior and environment favorable to the Defendants, and the background and consequence of each of the instant crimes, and the circumstances leading up to each of the instant crimes and the conditions of sentencing as shown in the pleadings, such as the circumstances after the commission of the crime, etc., each of the punishments imposed on the Defendants is deemed unfair, and therefore, the Defendants
3. In conclusion, the defendants' 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 constituting an offense and the evidence admitted by this court is as follows: (a) the summary of the facts constituting an offense in the judgment of the court below is as follows: (b) and the summary of the evidence are as follows: (c) each “ around August 24, 2012” and “ around August 23:55, 2012.” (d) and “within August 24, 2012.” (e.g., around August 24, 2012), and (e) the summary of the evidence is as stated in each corresponding column, except for adding “1. Defendants’ respective statements made in this Court” to the summary of the evidence. Therefore, they are cited pursuant to Article 369
Application of Statutes
1. Criminal facts;