도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for six months and the second instance court: imprisonment with prison labor for six months) declared by the lower court is too unreasonable.
2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine the above appeal cases.
Each of the judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of each judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 152 (1) of the Road Traffic Act, each of which is applicable to criminal facts;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act by March 11, 2019 and a violation of the Road Traffic Act by no license), and a punishment imposed on a violation of the Road Traffic Act by no more severe punishment);
1. Selection of each sentence of imprisonment;
1. From among concurrent crimes, violation of the Road Traffic Act of March 11, 2019 (the largest penalty and penalty) by the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.