도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for 2 years and the second judgment: imprisonment with prison labor for 6 months) are too unreasonable.
2. The first and second original judgments were pronounced on the defendant for ex officio judgment, and both the defendant filed an appeal. The court decided to consolidate the above two appeals cases. Each of the crimes in the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.
3. If so, the first and second judgment of the court below is based on the above reasons for the reversal of authority. Thus, without examining the defendant's respective arguments of unfair sentencing, all of them are reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.
【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to the facts in each corresponding column of the judgment of the court below.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1), 44 (1) of the Road Traffic Act that choose the penalty, and Articles 46 (2) 2, 8 of the Guarantee of Automobile Accident Compensation Act, Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of operating automobiles which are not mandatory insurance, choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, in the case of the crime of drunk driving for the reason of sentencing on Article 37 (former part), Article 38 (1) 2, and Article 50 (limited to concurrent crimes with the highest punishment, but the lowest punishment shall be based on the punishment stipulated in the Road Traffic Act) of the Criminal Act among concurrent crimes, the occurrence of traffic accidents may be increased and thus, the occurrence of traffic accidents may cause unfortunate behavior not only in itself but also in another person’s life and family.