도로교통법위반(음주운전)등
All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. Each sentence sentenced to the defendant in the judgment of the court below (No. 1: imprisonment with prison labor for 6 months and imprisonment for 8 months) is too unreasonable.
B. The sentence imposed on the Defendant in the judgment of the second instance by the prosecutor is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the first and second judgment against the defendant was rendered, and the defendant was sentenced to the first and second judgment, and the prosecutor filed each appeal against the second appeal judgment against the defendant, and the court decided to concurrently deliberate on the above two appeals cases. The first and second judgment against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.
3. If so, the judgment of the court below on the grounds of ex officio reversal as seen earlier, without examining the Defendant’s assertion of unfair sentencing on the first and second judgment and the prosecutor’s assertion of unfair sentencing on the second judgment, all the judgment of the court below under Article 364(2) of the Criminal Procedure Act are reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited 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 (the point of driving under influence of alcohol), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. On January 2, 201, Article 35 of the Criminal Act among repeated crimes (as to the violation of the Road Traffic Act as of January 22, 2016).