도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (a fine of 1.5 million won) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to imprisonment with prison labor for ten months at the Daegu District Court on February 6, 2014 (each of the crimes in violation of the Punishment of Violences, etc. Act (joint intimidation) in the first head of the crime in the judgment of the court below, which became final and conclusive on June 25, 2014, in addition to the previous crimes such as violation of the Punishment of Violences, etc. Act (joint intimidation) in the first head of the crime in the judgment of the court below, which became final and conclusive on June 26, 2014. Thus, since the crimes in this case and each of the above crimes for which the judgment became final and conclusive are both related to the latter concurrent crimes in accordance with Article 37 of the Criminal Act, all of them are related to the latter concurrent crimes in accordance with Article 39(1) of the Criminal Act, and a sentence for the crime in this case shall be sentenced in consideration of equity
However, in the application of the lower judgment’s law, the lower judgment could no longer be maintained as it omitted the treatment of concurrent crimes for which judgment became final and conclusive on June 25, 2014.
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, on the ground of the above ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and evidence admitted by this court is as follows: (a) the part concerning the first-third of the facts constituting an offense in the lower judgment, except that the Defendant was sentenced to a two-year suspended sentence for a year of imprisonment at the Daegu District Court on November 19, 2012 due to a violation of the Punishment of Violences, etc. Act (joint intimidation), and the said judgment became final and conclusive on June 26, 2013; and (b) the same court on February 6, 2014, sentenced to ten months of imprisonment due to a crime of attack and other similar crimes, which became final and conclusive on June 25, 2014; and (c) the judgment was written in each corresponding column of the lower judgment.