도로교통법위반(음주운전)등
All of the first and second original judgments shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. The judgment of the court below against the defendant in the summary of the grounds for appeal (the first judgment of the court below: imprisonment of one year and six months, and the second judgment of the court below: imprisonment of six months) is too unreasonable.
2. Each judgment of the first and second original courts rendered a judgment on the defendant's ex officio judgment, and the defendant filed an appeal against each of the above two appeals cases, and this court decided to hold a joint trial. Each of the offenses against the defendant in the first and second original judgments is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence pursuant to Article 38 (1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.
3. If so, the judgment of the court of first and second trials on the grounds of the above ex officio reversal is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and the judgment of the court of first and second trials is reversed, and it is again decided as follows, after pleading.
【Reasons for the Judgment in 2018] The criminal facts and the summary of the evidence admitted by the court in 2010 and the summary of the evidence are as follows: 【ACA” in 2018 [Attachment 2] [Attachment 2] [Attachment 1] [Attachment 2] [Attachment 2] [Attachment 2] [Attachment 2] [Attachment 2]] [Attachment 2] [Attachment 2]] [Attachment 3] [Attachment 3] [Attachment 3]]] [Attachment 27]]]] [CV]]]] and [27]]]]] shall be read as “CV.” [2019.] [3] [Attachment 3] 3] in [Attachment 2] [Attachment 2]]]] [Attachment 3]]]]] is read as “201.” This is identical to the entry in [Attachment 1] 1] 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 1 of the applicable law of crime and Article 1 of the judgment of the first court on the selection of punishment: Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) 2-A of the judgment of the second court on the judgment of the first instance
and No. 2 of the holding
B. Article 1 of the Judgment of the Court of Second Instance and Article 3-1 of the Decision of the Court of Second Instance
Article 347(1) of the Criminal Code (Fraud and the choice of each imprisonment).