도로교통법위반(음주운전)등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below (No. 1: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 6 months) is too unreasonable.
2. We examine ex officio determination.
The first and second judgment against the defendant was rendered, and the defendant filed an appeal against it, respectively, and this court decided to hold a joint hearing of each of the above appeals cases.
Each crime of the first and second judgments against the accused shall be sentenced to one sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, the judgment of the court below in 1 and 2 cannot be maintained as it is.
3. As such, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding parts of the judgment of the court 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 (unlicensed Driving), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (a case of refusing to measure drinking);
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Traffic Act of Jan. 31, 2017 and a person who violates the Traffic Act of any other person and traffic Act of any other person, and a punishment imposed on a person who violates the Road Traffic Act of any other person shall be imposed more severe punishment);
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. The reason for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of amount of punishment has the record of having been punished several times for the same crime, and the period of suspension of execution due to this type of crime.