도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of the grounds for appeal each of the sentencing (as to the judgment of the court below No. 1 and No. 2)
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
The Defendant filed an appeal against the lower judgment, and this Court decided to jointly deliberate on the two appeals cases.
Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, 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 without examining the defendant's unfair argument of sentencing, since the grounds for reversal ex officio exist, and the judgment of the court below is reversed in accordance with the above Article 364 (2).
[Grounds for the new judgment] The criminal facts and summary of evidence recognized by the court are identical to the corresponding column of each 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 drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have the record of having been punished several times for the same type of crime, such as drinking, driving without a license, etc., and committed each of the instant crimes during the period of repeated crimes.
At the time of each crime, the alcohol concentration in blood is considerably high.
In light of the fact that the defendant's criminal history and criminal trial have repeateded the crime of drinking and non-licensed driving even while being under the criminal history and criminal trial, it seems difficult to expect the effect of crime prevention.
However, the defendant makes a confession of each crime.