도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (one year of imprisonment) is too unfair, and thus, considering the fact that the defendant agreed with the victim Jeju Broadcasting Co., Ltd. in the trial at the time of the party, and other various circumstances that form the conditions for sentencing specified in this case, the above argument is reasonable, since the punishment imposed by the court below against the defendant is deemed unfair.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Violation of the relevant Act on Traffic of Roads concerning criminal facts: Violation of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (non-licenseless Driving): Article 152 subparagraph 1 of the Road Traffic Act and Article 43 embezzlement: Article 355 (1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes (as to embezzlement)
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;