도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. The defendant with mental disorder was in a state of mental disorder or mental disorder at the time of committing each of the instant crimes due to a cerebral surgery on 195.
B. The sentence imposed by the lower court (Articles 1 and 2: Imprisonment with prison labor for each of the six months) is too unreasonable.
2. Determination
A. This court held ex officio cases of appeal against the judgment of the court below jointly and tried.
Since each crime in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, there is a reason for ex officio destruction.
However, the defendant's assertion of mental disorder is still subject to the judgment of this court, despite the above reasons for ex officio reversal, and this is examined below.
B. The defendant is found to have undergone the surgery on the opening and the removal of blood species on 195. Furthermore, at the time of each of the crimes of this case, the defendant did not have the ability to discern things or make decisions due to the above cerebral surgery.
in such a manner as to be deemed to have been or weak.
The defendant's mental disorder is without merit.
3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, each of which constitutes a crime;
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of running under the Road Traffic Act).