도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. According to the records of ex officio determination, it is recognized that the defendant was sentenced to one year of imprisonment with prison labor at the Jeonju District Court on April 8, 2020 for a violation of the Road Traffic Act (driving) and the above judgment became final and conclusive on April 10, 2020.
In relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, each crime of the judgment of the court below against the defendant and the violation of the Road Traffic Act of which judgment has become final and conclusive, punishment shall be determined in consideration of equity in cases where a judgment is concurrently rendered pursuant to Article 39(1)
In this respect, the judgment of the court below against the defendant cannot be maintained.
3. Accordingly, the judgment of the court below is reversed ex officio 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.
[Grounds for the judgment of multiple times] Criminal facts and summary of evidence [limited to criminal records] Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act by the Jeonju District Court on April 8, 2020, and the judgment on April 10, 2020 became final and conclusive.
【Criminal Facts】
The summary of the facts constituting the crime and the evidence acknowledged by this court is identical to the corresponding column of the judgment below, except for the addition of all the following facts in the criminal facts column of the judgment below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article of the Criminal Act, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime, the choice of a sentence, and the choice of a sentence;
1. Of the mitigation of concurrent crimes following the latter part of Article 37, the latter part of Article 39(1) of the Criminal Act, Article 55(1)3, the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the sentencing of Articles 53 and 55(1)3 of the Criminal Act is imposed.