도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The sentence of the original court (ten months of imprisonment) shall be too unlimited and unfair.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor examined the case at the trial court, and the Prosecutor applied for changes in the indictment with the phrase “in approximately 500 meters section from the front of the convenience point of GS 25 City in the Namyang-dong to the road in the same Dong-dong,” among the facts charged in the instant case, “in approximately 500 meters section from the front of the convenience point of GS 25 City in the Namyang-dong, the front of the Namyang-dong in the same Dong-dong,” and since the subject of the judgment was changed by this court’s permission, the
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the ground of appeal, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as follows: “The section from approximately 500 meters to the road front of the 25th convenience point in GaS 25 Sinsan-dong to the road front of the Southern Police Station located in the same Dong-dong,” and “1. Defendant’s legal statement” in 8 lines to “1. Defendant’s court statement” are the same as each corresponding column of the judgment of the court below, and thus, it is invoked in accordance with Article 369 of the Criminal Procedure Act, except for the case where “1. Defendant’s court statement” is changed to “1. Defendant’s court statement”.
Application of Statutes
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of the penalty;