도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The judgment of this case is recognized that the defendant committed the crime of this case, such as drinking and non-licenseless driving, etc. of this case, without being aware of the fact that the defendant committed the crime of this case, such as drinking and non-licenseless driving, etc. of this case, without being aware of the fact that he/she used another person's resident registration number in order to conceal it, forged a report on the circumstances of a driver who takes the main place to a police officer, and refused to comply with a request of appearance by an investigative agency.
However, in full view of the fact that the Defendant is in profoundly against the instant crime, that the Defendant’s punishment is too excessive and unfair, and thus, the Defendant’s assertion is reasonable, given that the driving distance is relatively reasonable, and all other circumstances that conditions for sentencing, such as the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance of the crime, means and consequence, etc., such as the Defendant’s age, sex, family relationship, motive and circumstance after the crime, etc. are considered unfair.
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 ruled again after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment 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) of the Road Traffic Act (the point of drinking alcohol), Article 152 Subparag. 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 37 Subparag. 10 of the Resident Registration Act (the point of illegal use of another person’s resident registration number), Article 232-2 of the Criminal Act (the point of private electronic records) for criminal facts, Article 234 of the Criminal Act, and Article 234 of the Criminal Act.