도로교통법위반(음주측정거부)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal (unfair sentencing)
A. The punishment of the lower court (a fine of KRW 10 million) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The Defendant recognized all of the instant crimes and divided his mistake.
However, the defendant committed the crime of this case even though he had been punished on several occasions due to drinking driving and driving without a license.
In full view of the above circumstances, Defendant’s character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal records, etc., the sentence of the lower court is unreasonable as it is unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.
( long as an appeal by a prosecutor is reversed on the grounds that the judgment of the court below is well-grounded, the appeal by a defendant shall not be dismissed separately). [Separately used case] Criminal facts and summary of evidence recognized by the court is the same as that of the judgment of the court below, and thus, the summary of facts and evidence is identical to the corresponding column of the judgment
Application of Statutes
1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusal to measure sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point of unauthorized Driving), the choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances in favor of the grounds for reversal of this case);
1. The judgment of the court below on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be based on a comprehensive consideration of various sentencing factors in determining the grounds for appeal.