도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The gist of the grounds for appeal is that the respective punishment of the original judgment (No. 6 months of imprisonment and No. 2 months of imprisonment: 4 months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
According to the consolidation of each case of the judgment of the court below that appealed by the defendant, the crime of the first trial decision against the defendant and the crime of the second trial decision against the defendant were concurrent crimes under the former part of Article 37 of the Criminal Code.
In such cases, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the judgment of the court below is no longer maintained.
3. As such, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed in its entirety, and it is so decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts; Article 257(1) of the Criminal Act; Articles 261 and 260(1) of the Criminal Act concerning criminal facts;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the said Act (the punishment shall be aggravated for concurrent crimes with the punishment determined for the heavier injury, but the lowest limit shall be the punishment determined for the crimes of violation of traffic laws on roads;