도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (ten months of imprisonment) is too unfair, and thus, there is no record of punishment for the defendant as a crime of violating the Road Traffic Act. Considering the fact that the distance of the vehicle driving at the time of each of the crimes of this case is not relatively long, and other various circumstances that form the conditions for sentencing in this case, the punishment imposed by the court below against the defendant is deemed unfair, and therefore the above argument is reasonable.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Violation of the relevant Act on Traffic of Roads concerning criminal facts: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;