도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. Examining the record of ex officio determination, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court on December 3, 2013, and such judgment became final and conclusive on June 20, 2014.
Since the crime of fraud and the crime of this case for which judgment has become final and conclusive shall be determined by taking into account equity and equity in the case of concurrent crimes in accordance with Article 39(1) of the Criminal Act in relation to the concurrent crimes under the latter part of Article 37 of the Criminal Act, the judgment below which did not take
3. Therefore, 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 of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, except for the addition of "the defendant was sentenced to ten months of imprisonment with prison labor at the Incheon District Court on December 3, 2013 and such judgment became final and conclusive on June 20, 2014" in the front of the facts charged of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 150 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 9580, Apr. 1, 2009); the choice of fines for criminal facts;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Article 191 (1), Article 190 (1), and the main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;