도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering the fact that the crime of this case is not good and that the defendant committed the crime of this case again even though he had a previous conviction in several times, strict punishment against the defendant is needed.
However, considering the following factors: (a) the Defendant’s mistake in depth through the life of confinement between approximately two months; (b) the Defendant has no previous conviction; and (c) the same criminal conviction has been relatively long; and (d) the Defendant’s age, sex and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the pleadings of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the above assertion by the Defendant is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;