교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence of 10 months sentenced by the court below on the summary of the grounds for appeal is too unreasonable.
2. The judgment was examined, and the defendant committed each of the crimes of this case after the driver's license was revoked after the defendant was punished three times for drinking driving, and each of the crimes of this case was committed by the defendant, and the defendant presented a stolen driver's license to the criminal investigation agency for the purpose of avoiding the above accident after causing a traffic accident and received the suspect's examination under the name of the criminal investigation agency. It is recognized that the crime is not good, but it is recognized that the defendant has committed an act against his mistake in depth and again, and that the defendant would not commit such an act again, and that the defendant would not commit the crime again, and that the damage was recovered most without any weight of the victims, and all of the other factors of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character, character, environment, motive, means and consequence, circumstances before and after the crime, the sentence imposed by the court below against the defendant is too unreasonable. Thus
3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 230 of the Criminal Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act for the crime.