도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The gist of the grounds for appeal is too unfilled and unreasonable.
2. Examining the record of this case’s ex officio determination, the Defendant was sentenced to imprisonment with labor for a period of one year and eight months and a fine of five hundred thousand won at the Incheon District Court on August 28, 2014 due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc.), and such judgment became final and conclusive on January 8, 2015.
Since the crime of violation of the Punishment of Violences, etc. Act and the crime of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to concurrent crimes under Article 39(1) of the Criminal Act, the punishment shall be determined in consideration of equity with the case where a concurrent judgment is to be rendered pursuant to Article 39(1)
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows: “The defendant was sentenced to one year and eight months of imprisonment and fine of 50,000 won at the Incheon District Court on August 28, 2014 due to a violation of the Punishment of Violences, etc. Act (a collective weapon, deadly weapons, etc.),” and the judgment was finalized on January 8, 2015 in the summary of the evidence; “1. The summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for addition of “the summary of the agreement, auxiliary meetings, and each written judgment” to the summary of the evidence. Thus, it is cited as it is in accordance with Article 369
Application of Statutes
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Article 360 (1) of the Criminal Act, and each imprisonment with prison labor, if applicable;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.