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 (two months of imprisonment, two years of suspended execution, etc.) is deemed to be too unhued and unfair.
2. The judgment of the court below may take into account the circumstances such as the fact that the defendant acknowledges and reflects the crime, that the defendant supports children in person with the wife and the driver's license. On the other hand, the defendant committed each of the crimes of this case without being aware of the fact that he was tried due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and that driving under the influence of alcohol may cause serious harm to the life and body of others. As such, it is necessary to strictly punish the defendant. When driving under the influence of alcohol and without a license, the defendant presented another person's driver's license for the concealment of his identity and forged and uses a private document under the name of another for the concealment of his identity. The crime is very poor. After considering the fact that the defendant's illegal use of another person's name was discovered, and thus, the defendant's summons was refused and passed despite being summoned by the investigative agency, and other various sentencing conditions specified in the records and arguments of this case, the court below's allegation is somewhat inappropriate and justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 230 of the Criminal Act, Article 231 of the Criminal Act, and Article 231 of the same Act concerning criminal facts;