도로교통법위반(음주운전)등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by eight months of imprisonment.
provided that this ruling has become final and conclusive.
1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, forty hours of a compliance driving lecture, and 120 hours of a community service order) that the court below sentenced is too unreasonable.
2. An ex officio determination prosecutor shall change the facts charged in the trial as follows, change the term “public electronic records, forgery, and uttering of public electronic records, etc.” in the name of the crime to “private signature, forgery, and uttering of private signature,” and the term “Article 227-2 and Article 229 of the Criminal Act” in the applicable provisions of the Act to “Article 239(1) and (2) of the Criminal Act,” and as the subject of the adjudication was changed by permitting it in this court, the judgment of the court below cannot be maintained as it is.
[2] When the Defendant was discovered as a drunk driving on the front of the foregoing D road, the Defendant informed F of the name and resident registration number of G who was a traffic police officer, and signed the “G” in the column for signature signature of the driver of the mobile information terminal (PDA) prepared in the above G name, and had the police officer transmit the report on the result of the drinking driving control, stating the signature of the forged G, to the traffic police network.
Accordingly, the defendant has forged his signature of G without authority and exercised it for the purpose of exercising his right.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Discrimined Judgment] Criminal facts and summary of evidence recognized by the court as criminal facts and summary of evidence are as stated in each corresponding column except for alteration as shown in the above paragraph (2) of the judgment of the court below as follows.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and