도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
, however, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal asserts that the Defendant’s each sentence of imprisonment (in the judgment of the court of first instance, 6 months of imprisonment, 2 years of suspended execution, 80 hours of community service order, 40 hours of order to attend a law-abiding driving lecture, 20 hours of order to attend a law-abiding lecture, 10 months of suspended execution, 120 hours of community service order) of the court below is too unreasonable.
2. The Defendant filed each appeal against the judgment of the first instance and the judgment of the second instance, and this court decided to consolidate each of the above appeal cases.
However, since each crime of the judgment below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below cannot be maintained as it is.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since the above reasons for ex officio reversal exist, the part against the defendant among the judgment of the court of first and the judgment of the court of2 under Article 364(2) of the Criminal Procedure Act shall be reversed, and the
[C] The facts constituting an offense and the summary of evidence admitted by the court (in the case of the second instance judgment, only the defendant) and the summary of the evidence are identical to each corresponding column of the judgment of the court below (in the case of the second instance judgment, the corresponding column against the defendant) except that the defendant's partial statement in the summary of evidence in the first instance judgment as "1. 1. 3. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 3
Application of Statutes
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 152 (1) and 31 (1) of the Criminal Act, the choice of imprisonment for a crime
1. The confession under Articles 153 and 55(1)3 of the Criminal Act was made; and