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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
(2) for a period of two years from the date the judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
2. The circumstances that are disadvantageous to the defendant, such as the fact that the defendant had been punished three times or more for drinking driving, but the defendant committed the instant crime, and the fact that the patrolr reported the driver, abandoned the vehicle, and escaped, etc., are disadvantageous to the defendant.
However, it is necessary to take into account the circumstances favorable to the defendant, such as the fact that the defendant acknowledges all of the crimes of this case and repents his mistake, that the defendant has no criminal record exceeding the fine, that the defendant does not repeat the crime while disposing of the vehicle for the past time, that his family members and employees want not repeat the crime, that his family members and employees want to continuously want the defendant's wife against the defendant, and that about five months after being detained in the court by the original court, the number of months after being detained in the court by the original court, and that the defendant seems to have sufficiently been given
Examining the records of this case and various sentencing conditions shown in the theory of changes, such as equity in both the cases of the same kind of and similar to the defendant's current and unfavorable circumstances, and the defendant's age, gender, environment, background, circumstances after the crime, circumstances after the crime, and records of the crime, the punishment sentenced by the court below is too unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 148-2(1), 44(1), 44(2), and 148-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202) on criminal facts and the selected punishment.