도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
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).
【Re-written judgment】 The criminal facts acknowledged by the court and the summary of the evidence are the same as the corresponding column of each judgment of the court 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, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;
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;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is that the defendant recognized each of the instant crimes and reflects the fact that the defendant has a family member to support the defendant, etc., which are favorable to the defendant.
However, the defendant committed each of the crimes of this case again even though he had been punished several times for the same kind of crime, such as drinking, driving without a license, etc.