도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
According to the records, the defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for special larceny at the Jeonju District Court on May 14, 2018, and on May 22, 2018, and the above judgment became final and conclusive.
The above special larceny, for which each crime of the judgment of the court below against the defendant and the above special larceny, become final and conclusive, shall be sentenced to punishment for each crime of the judgment of the court below in consideration of the equity in the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39 (1) of the Criminal Act, since the judgment of the court below cannot be maintained any more.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is again decided as follows, without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above.
【The reasoning of the judgment in its entirety 【The facts constituting the crime and the summary of the evidence admitted by the court below, and the summary of the evidence, the first head of the judgment of the court below, which stated in the first head of the crime, “The defendant was sentenced to two years of suspended sentence of imprisonment for special larceny at the Jeonju District Court on May 14, 2018 and became final and conclusive on May 22, 2018.
Except for the addition of "," it is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense; Article 151 of the Road Traffic Act; Article 46(2)2, and Article 8 of the Guarantee of Automobile Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Loss of property by negligence in the choice of punishment;