도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.
2. The judgment of the defendant has the record of being punished four times due to drunk driving, one time due to unlicensed driving, and the driver's license was revoked and indicted due to the crime of drunk driving on June 21, 2019, the defendant again committed the crime of drunk driving and without a license on August 22, 2019, and the two recommended driving are disadvantageous to the defendant.
However, there is no record that the defendant has been punished for a fine exceeding a fine due to drinking driving, the fact that the defendant has no criminal record of the same kind in the last five years, and the fact that he/she has disposed of a vehicle and has not been subject to the treatment of alcohol addiction and does not repeat the crime, etc.
Examining the aforementioned circumstances and other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the
Application of Statutes
1. Article 148-2(1)1 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 148-2(1) and 44(1) of the Road Traffic Act (amended by Act No. 16037, Jun. 21, 2019); Articles 148-2(1) and 44(1) of the Road Traffic Act (amended by Act No. 1521, Aug. 22, 2019); Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license).