도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Erroring facts and misunderstanding of legal principles (as to the violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.)), the Defendant did not possess excess of the intent to injure the victim.
However, the judgment of the court below which found the defendant guilty is erroneous by misapprehending the legal principles.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mistake of facts, it is recognized that the Defendant committed an injury to the victim in the state of being placed in the main place and next to the crime in violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.). As such, the intention of this part of the facts charged is sufficiently recognized.
The court below is just in finding the defendant guilty of this part of the facts charged, and there is no error of law by misunderstanding the facts or by misapprehending the legal principles as to the intentional injury by carrying
B. The Defendant had a record of punishment for multiple times due to a licenseless driving, and committed the instant crime during the period of suspension of execution due to a separate drinking and a non-licenseless driving crime.
The crime of detention in this case and the Punishment of Violences, etc. Act (a collective injury with deadly weapons, etc.) is heavier than the nature of the crime, since the defendant forced the victim to board or take the house into custody, and detained the victim by carrying the excessive amount of dangerous articles, and thereby causing bodily injury to the victim.
However, the defendant has no record of being punished or sentenced to punishment for violent crimes, and recognized the errors of each of the crimes of this case and has violated his depth.
Part of the part in need of medical treatment for about 10 days for victims.