도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
1. The summary of the grounds for appeal (i.e., imprisonment with prison labor for one year, (ii) imprisonment for ten months) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
The first and second court sentenced the defendant to the punishment of each of the above judgments after completing separate hearings with Suwon District Court 2016 High Court 7741 and Suwon District Court 2017 High Court 6298, respectively. The appeal against each of the above judgments was filed, and the court of the first and second court decided to concurrently deliberate on the above appeal cases. Each of the offenses against the defendant in the first and second instances against the defendant is in concurrent crimes 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 subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all of the reversal.
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's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below Nos. 1 and 2. Thus, they are cited 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 facts constituting an offense, and Articles 356 and 355(1) of the Criminal Act (a point of business embezzlement);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the crimes of the Traffic Act and the crimes of the traffic Act and the crimes of the traffic Act without a license)
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes.