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 grounds for appeal;
A. In light of the fact that the defendant (the second judgment of the court below) repents his wrong and reflects the defendant, and that the support of the defendant was needed to his family, etc., the punishment of the second judgment of the defendant (the imprisonment of eight months) is too unreasonable.
B. In light of the fact that the defendant was punished for the same kind of crime six times or more, the defendant was sentenced to suspended sentence for the same crime, which led to the crime of this case even though he was under suspension of execution, and the risk of recidivism, etc., the first instance court's sentence (7 million won of a fine) is too uneasible and unfair.
2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the first and second and the second judgments are sentenced to each judgment on the defendant's grounds for appeal, and the defendant filed an appeal against the second and second judgments, and the prosecutor decided to concurrently examine the above two appeals cases, and this court found the defendant guilty as follows. Each of the first and second judgments on the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the alleged unfair sentencing by the defendant and the prosecutor, and it is again decided as follows.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.