도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that each sentence imposed on the accused (two years of suspended sentence in the sixth month of imprisonment, 40 hours of lecture attendance order for compliance driving, 2 years of suspended sentence in the eight months of imprisonment, and 120 hours of community service order) imposed on the accused by the lower court.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, this Court tried by combining each appeal case against the judgment below, and each of the offenses against the Defendant at the time of the judgment below against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows, after the pleading.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);
1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);
1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures shows the attitude of the accused to repent and reflect his mistake, and criminal punishment exceeding a fine is imposed on the accused.