도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (one year and two months of imprisonment) by the lower court is too unreasonable;
2. The judgment of the defendant has three times of punishment due to drinking driving, and the defendant should be punished strictly because he/she has engaged in drinking of this case and driving without a license even though he/she has been sentenced to a suspended sentence of imprisonment during the suspended sentence.
However, in full view of the following facts: (a) the Defendant reflects the Defendant’s mistake in depth; (b) the suspension of execution is revoked; and (c) the Defendant’s age, character and conduct; and (d) the conditions of sentencing indicated in the argument of the instant case, including the Defendant’s age, character and conduct; and (b) the environment, the lower court’s punishment is unreasonable to maintain the
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court 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, Article 44 (1) (a) and Articles 152 (1) and 43 (a) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;