도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. Each sentence (one year of imprisonment) imposed on Defendant 1 and two original trials (one year of imprisonment) is too unreasonable.
B. The above sentence imposed on the defendant by the second instance court (with regard to the second instance judgment), is too unfasible and unfair.
2. The judgment of the court below on the grounds of appeal by the defendant and the prosecutor ex officio prior to the judgment of the court below on the grounds of appeal by the defendant and the defendant were sentenced to both judgment of the court below and the prosecutor filed each appeal against the judgment of the court of second instance, and the court of second instance decided to concurrently examine the above two cases of appeal by the court of second instance. Each of the crimes in the judgment of the court of first and second instances against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court of second instance cannot be maintained
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows through pleading.
【Discrimined Judgment】 Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the first and second original judgments. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018 and enforced June 25, 2019); Article 148-2 (1) 1, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of a drinking driving under the judgment of the first instance court); Articles 152, and 43 of the Road Traffic Act (the point of a driving without a license) concerning a crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.