도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering the fact that the crime of this case is not good and that the defendant committed the crime of this case again even though he had a previous conviction in several times, strict punishment against the defendant is needed.
However, in consideration of the fact that the defendant's mistake is remarkably divided by living in custody for a period of not less than two months, the alcohol concentration in blood and the distance from driving the defendant is not high, the defendant does not have any criminal record, the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the punishment of the court below is too unreasonable, and the above argument by the defendant is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;