도로교통법위반(음주운전)등
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 decision of the court below on the summary of the grounds for appeal is too unreasonable that the sentence of 10 months sentenced by the defendant is too unreasonable.
2. The judgment of the court below is acknowledged that each of the crimes of this case is the defendant's driving of Otobane not covered by mandatory insurance without a driver's license while under the influence of alcohol 0.218% without a driver's license. In light of the defendant's driving level or the risk of drunk driving, etc., it does not seem that there was an urgent or inevitable circumstance that the defendant should drive Otobane under the influence of alcohol or without a driver's license. The defendant has a history of criminal punishment several times, even though he did not have obtained a driver's license, there was a history of criminal punishment for traffic-related crimes such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Road Traffic even though he did not obtain a driver'
However, in full view of the fact that the defendant is detained for three months in prison, and it seems that the defendant is against his depth, there is economic difficulty as a recipient of basic living, and that he must support his family, including his father, who is a first-class disability in cerebrovascular, and that his health is not good because he suffers from high blood pressure, blood transfusion, and so on, the defendant's age, environment, occupation, family relationship, the circumstances leading to each of the crimes of this case, and other various circumstances that form the conditions for sentencing as shown in the record, such as the circumstances before and after the crime, the sentence of the court below is unreasonable because it is excessively unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
Criminal facts recognized by the court as well as the summary of the evidence.