도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.
2. The judgment that the defendant repeats a crime even though he/she had been punished for a crime related to drinking and violence on several occasions; in particular, he/she had been sentenced to a suspended sentence of two years and six months for a crime of violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Gangnam Branch of the Chuncheon District Court on July 24, 2015 and was sentenced to a suspended sentence of four years and six months for a period of imprisonment on the same year and six months.
8.1. The fact that the judgment became final and conclusive, and is a situation under which protection is being observed according to the above judgment is disadvantageous.
However, in the case of the crime of violation of the Emergency Medical Service Act, there is a significant degree of power exercised by the defendant.
In light of the fact that the sentence of this case is not visible, if the sentence becomes final and conclusive due to the crime of this case, the sentence that was invalidated and suspended as well as the punishment that was imposed concurrently, and other comprehensively considering the Defendant’s age, sex, environment, details and result of the crime, and circumstances after the crime, the lower court’s sentence is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
[Grounds for the lower judgment] The summary of facts constituting an offense and evidence recognized by the lower court is as follows: (a) the summary of facts constituting an offense and evidence is modified to “ August 13, 2016” as “ September 13, 2016” as stated in the lower judgment, except for the cases where the facts constituting an offense and the summary of evidence are modified to “ September 13, 2016” as stated in Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, and Article 148-2 of the same Act concerning emergency medical services;