도로교통법위반(음주운전)
The judgment of the court below is reversed.
The punishment of the accused shall be set forth in six months.
1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.
2. The grounds for the judgment of ex officio judgment of conviction shall clearly state the facts constituting an offense, the summary of evidence, and the application of the statutes. In a case where any one of them is omitted in the grounds for the judgment while sentencing a conviction, it constitutes a violation of law that affected the judgment under Article 383 subparag. 1 of the Criminal Procedure Act and constitutes grounds for reversal (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009). According to the reasoning of the judgment below, according to the reasoning of the judgment of the court below, the
The court below erred by omitting the substance of evidence in whole and affecting the conclusion of the judgment.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again ruled as follows.
[Along with the judgment] The defendant was sentenced to 6 months of imprisonment with labor for the violation of the Road Traffic Act and 2 years of suspended execution at the Chuncheon District Court on February 4, 2016. On February 11, 2010, the same court was sentenced to 8 months of imprisonment with labor for the violation of the Road Traffic Act and 2 years of suspended execution, and was sentenced to 4 times of total punishment for the violation of the Road Traffic Act.
【Criminal Facts】 A dump truck under the influence of alcohol content 0.102% at the 3km section from November 30, 2018, who violated the provision on prohibition of drunk driving twice or more, and operated a Cump truck under the influence of alcohol with approximately 3km to the vicinity of the “hump intersection” located in the same military north-west 3-2, Hongcheon-gun, Hongcheon-gun.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records: Criminal records, etc. and the same kind of inquiry reports and investigation reports;