도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The judgment of the defendant repeatedly leads to driving under drinking even though he/she had a driving force, and in particular, it is disadvantageous to the defendant that he/she had a driving without a drinking license under the circumstance where he/she did not appear on the sentencing date while he/she was tried in the Highest 274 case as stated in the judgment of the court below.
However, although the defendant has the driving power of drinking, the power of the defendant is about 10 years ago, and the driving without the driver's license of the 2017 order order and the driver's license of the 384 order order as stated in the judgment of the court below was broken in drinking for a considerable time from drinking in light of driving time, the defendant's blood concentration, etc.
In light of the following circumstances: (a) considering the fact that there was a circumstance to take some of the circumstances into account in view of the driving under the thought, and the various conditions of sentencing as shown in the pleadings, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) considering the circumstances after the crime, the sentence imposed by the lower court is somewhat inappropriate and thus the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 subparag. 2 of the Road Traffic Act and Article 44 subparag. 1 of the same Act concerning criminal facts (the point of self-driving on June 21, 2017), Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act (the point of self-driving on September 15, 2017), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of non-licensed driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Traffic Act by a person on September 15, 2017 and the crimes of violation of the Traffic Act on the road);
1. Selection of each sentence of imprisonment;