도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.
2. Before determining the grounds for appeal by the Defendant, the records of this case revealed that the Defendant was sentenced to five months of imprisonment by the Incheon District Court on March 29, 2013 due to a violation of the Punishment of Violences, etc. Act (joint conflict) and confirmed on May 7, 2013. The above crime for which the judgment became final and conclusive and each of the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act. In such a case, a sentence shall be imposed in consideration of equity and the concurrent crimes under Article 39(1) of the Criminal Act.
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, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to five months of imprisonment by the Incheon District Court on March 29, 2013 due to a violation of the Punishment of Violences, etc. Act (joint conflict) at the Incheon District Court on March 29, 2013, and the above judgment was finalized on May 7, 2013" 1. The judgment of the court below in the summary of the evidence: the result of the case search, and the result of the case search is the same as that of each corresponding column 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. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
1. The Criminal Act dealing with concurrent crimes.