도로교통법위반(음주운전)등
All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
provided that this ruling has become final and conclusive.
1. Summary of grounds for appeal;
A. The punishment sentenced to the defendant in the judgment of the court below of the second instance (two months of imprisonment and two years of suspended execution) is too unreasonable.
B. The sentence imposed on the Defendant in the lower judgment of the first instance court (two months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving lecture) is too uncomfortable and unfair.
2. Prior to the judgment on the grounds for appeal ex officio, the first and second judgments were rendered to the defendant, and the defendant was sentenced to the second judgment, and the prosecutor filed an appeal against the judgment of the court of first instance, and this court decided to hold concurrent trials with respect to the above two appeals. The first and second judgment against the defendant is a concurrent offense under Article 38(1) of the Criminal Act in relation to each of the crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained.
3. If so, the judgment of the court below is a ground for ex officio reversal as seen earlier. Thus, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing as to the judgment of the court of second instance and the prosecutor’s assertion of unfair sentencing as to the judgment of the court of first instance. The judgment
Criminal facts
The summary of facts and evidence acknowledged by this court is identical to the description of each corresponding column of the judgment of the court below, except where the second and third acts “two million won” as “five million won” at the end of the judgment of the court of first instance, and thus, the summary of facts and evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Crime of Violation of the Road Traffic Act)