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.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. ex officio determination of authority, the crime of violation of the Road Traffic Act due to drunk driving and the crime of violation of the Road Traffic Act due to unauthorized driving are ordinarily competitive. On the other hand, each of the above crimes and the crime of violation of the Automobile Accident Compensation Guarantee Act of a motor vehicle owner who operated a motor vehicle not covered by mandatory insurance are in substantive concurrent relationship with each other, because there is a difference in the subject of regulation, scope of regulation, mode
Nevertheless, the court below applied Article 40 of the Criminal Act to the crime of violation of the Road Traffic Act (driving without a license) and the crime of violation of the Road Traffic Act (driving without a license) as well as the crime of violation of the Guarantee of Automobile Accident Compensation Act. In so determining, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again ruled as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, Article 154 subparagraph 2 of Article 154 and Article 43 of the same Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;
1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act at the time of market and the crimes of violation of the Road Traffic Act at the time of market, and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;
1. Selection of each sentence of imprisonment;