교통사고처리특례법위반등
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 main point of the grounds for appeal is that the lower court’s punishment (the imprisonment for eight months, the suspension of the execution of two years, the community service order 120 hours, and the order to attend a lecture 40 hours) is too unreasonable.
2. The Defendant, who was sentenced to three times a fine due to drinking driving, one time a suspended sentence of imprisonment, and was sentenced to a fine on several occasions due to driving without a license, is driving without a license under the influence of alcohol again while under the influence of alcohol by 0.069%.
As an accident caused, the nature of the crime is not weak, but the defendant reflects his mistake in depth, and most of his previous convictions are prior to 10 years, the defendant's vehicle is covered by a comprehensive insurance, and the defendant's age, character and conduct, environment, motive and circumstances leading to the crime of this case, and circumstances before and after the crime are committed, etc., the court below's punishment is somewhat unreasonable.
3. As such, the defendant'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 the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;
1. Selection of penalty;