도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, the violation of the Guarantee of Automobile Accident Compensation Act, the violation of the Road Traffic Act, the violation of the Guarantee of Automobile Accident Compensation Act, and the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-exclusive license) are separate crimes with different legislative intent and protected legal interests, and both crimes are established. The two crimes are concurrent crimes. The court below held that the violation of the Road Traffic Act (non-exclusive license), the violation of the Road Traffic Act (non-exclusive license), the violation of the Guarantee of Automobile Accident Compensation Act (non-exclusive license), the violation of the Guarantee of Automobile Accident Compensation Act (non-exclusive license), all of which were treated as commercial concurrent crimes, and the violation of the Guarantee of Automobile Accident Compensation Act
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Imprisonment with prison labor for each choice of punishment;