도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.
2. It is recognized that the defendant recognized all of the crimes of this case and reflected, and the attempted crime of larceny does not want criminal punishment against the defendant.
However, the Defendant, upon detection of the fact of driving under drinking, forged or exercised another person’s signature in order to be exempted from punishment for a crime of violating the Road Traffic Act. After the revocation of the driver’s license, the Defendant caused a traffic accident that damages another person’s property by negligence while driving without a driver’s license, and did not recover the damage caused by the damage of property.
The defendant committed the crime of this case, even though he was sentenced to three times or more, including the records of punishment for the same kind of crime, and again committed the crime of this case.
In addition to the above circumstances, considering the following facts, there is no special circumstance or change of circumstances that can be newly considered in sentencing at the trial, and the Defendant’s age, sex, family environment, background and motive of the crime, and all of the sentencing factors indicated in the records and arguments in the instant case, such as the circumstances after the crime, the lower court’s punishment against the Defendant is too unreasonable.
Therefore, the defendant's argument of sentencing is not accepted.
3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure) (Article 151 of the Road Traffic Act (Article 151 of the Road Traffic Act (Article 151 of the Act on the Traffic of Roads, the point of damage of occupational negligence, the choice of imprisonment)) in the fifth page of the judgment below as “Article 151 of the Road Traffic Act (Article 37, Article 38(1)2 and Article 50 of the Criminal Act)” and “an aggravated punishment” in the former part of Article 37, Article 38(1)2 and Article 38(1) of the Criminal Act as “Article 37 of the Criminal Act”.