도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence of the court below (two months of imprisonment) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court below ex officio examined the defendant's grounds for appeal, and found that the violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) and the violation of the Guarantee of Automobile Accident Compensation Act are concurrently related to each other under the former part of Article 37 of the Criminal Act. Thus, the court below determined the punishment within the scope of the term of punishment for concurrent crimes under Article 38(1) of the Criminal Act. However, the court below erred by omitting heavy aggravation of concurrent crimes.
In this respect, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for reversal ex officio is based on the above reasons, and the judgment below is
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;
1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act at the time of market and the crimes of violation of the Road Traffic Act at the time of market, and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the crime of violation of the Road Traffic Act with heavier punishment (the crime of running sound driving)];