도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment for six months, two years of suspended sentence, one hundred and sixty hours of community service, and forty hours of course of compliance driving) of the lower court is deemed to be too uneasible and unfair.
2. On November 21, 2018, the Defendant was sentenced to 8 months of imprisonment for perjury and 2 years of suspended execution at the Seoul Central District Court, and the said judgment became final and conclusive on March 5, 2019.
Since each of the crimes of this case is a concurrent crime as provided in the latter part of Article 37 of the Criminal Act with the above perjury for which judgment has become final and conclusive, a sentence shall be imposed in consideration of equity in cases where a judgment is concurrently rendered pursuant to Article 39(1)
However, the court below did not consider this and sentenced to punishment, so the judgment of the court below cannot be maintained any more.
3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after oral argument.
[Discied reasoning of the judgment below] The summary of facts constituting an offense and evidence admitted by the court below and the summary of the evidence are as follows: "The defendant was sentenced to 8 months of perjury and 2 years of suspended execution at the Seoul Central District Court on November 21, 2018, and the above judgment became final and conclusive on March 5, 2019" in the summary of evidence; and "1. previous conviction in the judgment: Case Search and judgment of the Supreme Court" in the summary of evidence are as stated in the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 148-2 (2) 3, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 153 (1) 7, and 80 (3) of the Road Traffic Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes