도로교통법위반(음주운전)등
All appeals by the defendant and the prosecutor are dismissed.
1. The defendant asserts that the sentencing of the court below (one year of imprisonment with prison labor) on the summary of the reasons for appeal is too unreasonable, and the prosecutor is too unhued and unfair.
2. In full view of the following circumstances: (a) the Defendant had a history of having been punished several times for the same type of crime, such as drinking and driving without a license; and (b) the Defendant committed the crime of drinking alcohol twice twice during the period of about 1 month, including drinking and driving at once after being sentenced to a suspended sentence due to the crime of drinking driving; (c) the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime; and (d) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the lower court’s sentencing is not unfair.
3. The appeal filed by the Defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That in accordance with Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, the first to the second to the second to the second to the second to the second to the second to the second to the second to the second to the second to the second to the second to the second to the second to the end of the judgment of the court below, who was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act
“Around September 5, 2017, a person was sentenced to two years of imprisonment with prison labor for a violation of road traffic law (drinking driving) at the Suwon Flag Flag method Board on September 5, 201, and the judgment became final and conclusive on February 1, 2018.
Article 39(1) of the Criminal Act provides that “Concurrent treatment: (a) concurrent treatment shall be conducted after the judgment of the court below is rendered; (b) concurrent treatment shall be conducted after Article 37 of the Criminal Act; and (c) Article 39(1) of the Road Traffic Act (whichever is applicable to each of the above crimes and the crime of violation of the Road Traffic Act (driving on February 1, 2018) shall be added.”