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.
1. The decision of the court below (No. 1: imprisonment with prison labor for 6 months and 6 months: imprisonment with prison labor for 6 months) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
The defendant filed an appeal against the judgment of the court below, and this court tried two appeals jointly, and the judgment of the court below against the defendant should be sentenced to one punishment pursuant to Article 38 (1) 2 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 cannot be maintained.
3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each 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 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);
1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in a crime of violating the Traffic Act of March 18, 2016) and a crime of violating the Road Traffic Act (a licenseless driving) and a crime of violating the Road Traffic Act, and punishment heavier than 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 defendant does not need to repeat the reason for sentencing under Articles 53 and 55 (1) 3 of the Reduction of Small Amount;
It is favorable to the defendant that the child support should be borne by the minor child.