도로교통법위반(음주측정거부)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years under suspended execution, and forty hours under suspended execution) imposed by the lower court is deemed to be too uneasible and unfair.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
At the trial of the court below, the defendant was issued a summary order of KRW 5 million on August 19, 2009 by the Jung-gu District Court on the charge of violation of the Road Traffic Act (hereinafter referred to as the "Food") and the above summary order became final and conclusive on May 9, 2009, and the defendant violated the prohibition of drinking driving or the prohibition of refusing to measure drinking at least two times. The defendant added "B" and the applicable provisions of the Act to "Article 148-2 (1) and Article 44 (2) of the Road Traffic Act", and the court partially changed the subject of the judgment by granting permission. In this regard, it became impossible to maintain the point of violation of the Road Traffic Act (e.g., refusal to measure drinking) among the judgment below.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, and the judgment of the court below is reversed (the original court, as the crime of violation of the Road Traffic Act (recognition refusal) and the remaining crime of fraud, which the subject of the judgment of the court below changed, are treated as concurrent crimes under the former part of Article 37 of the Criminal Act, and sentenced to a single punishment, the judgment of the court below is bound to be reversed in its entirety), and it is again decided as follows
[Reasons for the Judgment] The summary of the facts of the crime and evidence acknowledged by the court of this Court is the first head of the judgment of the court below, and the above summary order on May 9, 2009 is issued by the District Court of Jung-gu on August 19, 2009 as a fine of five million won for the violation of the Road Traffic Act at the District Court of Jung-gu on August 19, 2009.