도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The grounds for appeal (unfair punishment) by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, prior to the judgment on the Defendant’s assertion of unfair sentencing, the facts charged in this case include a crime to be punished by imprisonment for a limited term of not less than three years pursuant to Articles 144(2) and (1) and 136(1) of the Criminal Act. As such, since the facts charged fall under the jurisdiction of the collegiate division of the district court under Article 32(1)3 of the Court Organization Act, the collegiate division of the Seoul East Eastern District Court having territorial jurisdiction should have been judged as the first instance court. However, even though the same court’s single judge is excessive and judged into the substance, the judgment of the court below is erroneous
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and the main sentence of Article 367 of the Criminal Procedure Act without examining the defendant's grounds for appeal, and the party members should transfer the case to the collegiate division of the Seoul Eastern District Court, which is the competent court. However, the above court collegiate division of the court of first instance has jurisdiction over the facts charged in this case.
As such, according to the proviso of Article 367 of the Criminal Procedure Act, a member is to judge the facts charged in this case in the first instance and to decide again following the pleading.
Punishment of the crime
On August 20, 2018, the Defendant was under the influence of alcohol content of 0.193% on blood alcohol level at 0.21:30% on August 20, 2018, and from the cross-displacement in the Seoul Jung-gu B market, the Defendant driving C Cost Star car at the front of the “E” located in D in Namyang-si, Namyang-si, Seoul, at around 22:07, the Defendant escaped by disregarding the order of the police officer’s suspension in order to avoid detection of his drinking and to avoid detection of his drinking, and the traffic patrol vehicle at the cost of the traffic patrol 3rd of the Defendant’s driving car.