도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence No. 1 shall be forfeited from the defendant.
1. The decision of the court below on the summary of the reasons for appeal (two years of imprisonment and the evidence of confiscation No. 1) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
Of the facts charged in this case, the court below applied Article 148-2 (2) 2, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the current Road Traffic Act to the driving without a license for drinking among the facts charged in this case (Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the current Road Traffic Act are stated in Article 148-2 (1) 1, Article 152 (1), and Article 152 (1) of the former Road Traffic Act). Accordingly, the former Road Traffic Act was partially amended by Act No. 10790 on June 8, 201, and the above Act was enforced from six months after its promulgation, and under Article 5 of the Addenda of the same Act, the above Act was partially amended by the court below to the effect that the previous penal provision on the acts before its enforcement was applied to the person without a license for drinking.
Therefore, the judgment of the court below is no longer maintained in this respect.
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 argument of sentencing, and the judgment below is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the deletion of “a person who has been in violation of road traffic law (drinking driving) on at least two occasions during the second 9-10 vehicles of the judgment below’s 2nd 7th 9-10 vehicles of the judgment below, and who has been in violation of road traffic law at least twice,” and thus, it is identical to the corresponding column of the judgment below
Application of Statutes
1. Driving under the relevant legal provisions on criminal facts: The former Road Traffic Act (Act No. 1086, Jun. 8, 2011).