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 decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. The crime of this case is deemed to have caused a traffic accident by negligence while driving an erroneous tobbane without a mandatory insurance policy by drinking or without a license, and thus, the crime of this case is not likely to cause a traffic accident.
Even before the crime of this case was committed, the Defendant again committed the crime of this case even though he had been punished several times due to drinking driving and driving without a license, which is the same crime.
As the blood alcohol level of the instant case is also 0.187%, the necessity to punish the Defendant significantly is recognized.
However, the defendant recognized the error of each of the crimes in this case, and there is no record that the defendant was punished for more than the suspended sentence.
No one is in the accident of this case, and property damage is relatively minor.
It is also recognized that the defendant has an opportunity to sufficiently reflect on the defendant's living in custody for about three months, and that he/she should support his/her elderly parents.
In addition, the lower court’s punishment is too unreasonable in light of the circumstances that are the conditions for sentencing as shown in the records and arguments, such as the background of the instant accident, the age, environment, character and conduct of the Defendant, the motive leading to the instant crime, and the circumstances before and after the instant crime.
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 reasonable, and the following decision is rendered after pleading
Punishment of the crime
Since the facts constituting the crime recognized by this court are the same as the facts constituting the crime of the lower judgment, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
The summary of the evidence of the above crime is as follows, except for the addition of the "statement made by the defendant in the trial court", and therefore, it is identical to the corresponding column of the judgment of the court below.
Application of Statutes
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