도로교통법위반(음주운전)등
The judgment below
The part concerning the first, second, fourth, and fifth crimes in the judgment shall be reversed.
As to the crimes of Nos. 1, 2, 4, and 5 in the judgment of the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (in the case of the original adjudication, 2 years of suspended execution, 1, 2, 4, 5 years of suspended execution, 10 months of suspended execution, 2 years of suspended execution, 2 years of suspended execution) is too unfied and unreasonable.
2. Determination
A. In full view of all the sentencing conditions as indicated in the records and arguments in the instant case, including the contents of the instant crime, the other party and the amount of profit, the circumstances after the instant crime, whether to agree, the Defendant’s age, environment, family relationship, and criminal record relation at the time of original adjudication, the lower court’s punishment is too unjustifiable and unreasonable. Therefore, the Prosecutor’s assertion of unreasonable sentencing on this part is without merit
B. The first, second, fourth, and fifth crimes committed each of the crimes in this case are recognized and divided, each of the crimes in this case is agreed with victims of each of the crimes in this case, and the occurrence of human and material damage due to driving without a license is more favorable circumstances, but driving without a license is a highly dangerous criminal act that may cause serious damage, and there is a need to strictly punish it. The defendant has driven without a driver's license for two times, and driving without a driver's license for two times. Each of the crimes in this case is a large amount of damage amount of 245 million won, and the damage amount of fraud is a large amount of damage amount. Each of the crimes in this case is committed during the suspension period of the execution of the execution of the execution of the suspension of the execution of the execution of the Road Traffic Act, and there seems to be weak awareness of the defendant's legal order, and there is a history of the suspension of the execution of the execution due to driving without a license, and there is no other history of the execution of the execution of the execution due to the crime in this case, and the age environment of the defendant.
3. In conclusion, the appeal against the third crime is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since it is without merit.