도로교통법위반(음주운전)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for six months;
3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case revealed that the Defendant was sentenced to a suspended sentence of one year on September 5, 2014 by imprisonment with prison labor for a violation of the Road Traffic Act at the Jeonju District Court on September 13, 2014 and the above judgment became final and conclusive on September 13, 2014. Each of the crimes committed before the above judgment of the court below is in concurrent crimes with the crime of violation of the Road Traffic Act (driving) for which the judgment became final and conclusive in accordance with the latter part of Article 37 (1) of the Criminal Act, and is determined after examining whether to reduce or exempt the punishment in consideration of equity with the case where the judgment is concurrently rendered in accordance with Article 39 (1) of the Criminal Act. Thus, the judgment of the court below which failed to take such measures
3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are the facts charged by the court below and the summary of the evidence are the facts charged by the court below, which were sentenced to the suspension of execution for four months as of May 13, 2014, and are currently pending in the court of appeal.
“A person who was sentenced to a suspended sentence of one year on September 5, 2014 due to a violation of the Road Traffic Act, etc. at the Jeonju District Court sentenced him/her to a suspended sentence of six months on September 13, 2014, and the said judgment became final and conclusive on September 13, 2014.” In addition to the revision of “out obtaining a driver’s license for a motor vehicle” as “out obtaining a driver’s license for a motor vehicle” as “out obtaining a driver’s license for a motor vehicle” as stated in each corresponding column of the lower judgment