도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
except that from the date of this judgment.
1. The gist of the grounds for appeal is that the punishment of the lower court (the first instance court: six months of imprisonment; the two years of suspended execution; the community service and the 40 hours; the 40 hours of lecture to comply with the law; the second instance court: Imprisonment with prison labor for eight months; suspended execution for two years; the observation of protection; the community service and the 120 hours) is too unfford and unreasonable.
2. Prior to the judgment on the grounds for appeal, this Court held ex officio each appeal case against the judgment of the court below jointly and tried. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.
3. Accordingly, the judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, Article 43 of the Road Traffic Act (a person who drives a motor vehicle without a license) and the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the relevant Act concerning the indemnification for damages of each motor vehicle;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;
1. The following grounds for sentencing under Article 62-2(1) of the Criminal Act are disadvantageous to the defendant.