도로교통법위반(사고후미조치)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is deemed to require a strict punishment for the defendant in light of the fact that the defendant escaped without taking necessary measures to avoid traffic accidents due to drinking driving, and that the defendant refuses a police officer's request to breath test without any justifiable reason, and that the defendant has been punished several times by imprisonment with prison labor due to drinking driving, and that the defendant committed the crime of this case, which is the same kind of crime, even though he had the record of criminal punishment, including the suspension of the execution of imprisonment with prison labor, even though he/she had been punished several times due to drinking driving, but the crime of this case also led to the crime of this case. On the other hand, the defendant confessions all of the crime of this case, and seems to have an opportunity to reflect his/her life through imprisonment for not less than two months, and the defendant tried to take a preference against the defendant by agreement with the victim, that the defendant has no record of punishment by sentence of the victim, that the defendant did not drive under drinking, and that the defendant's health seems not sufficient for the disabled and that the defendant's allegation of unfair sentencing is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;