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 summary of the grounds for appeal that the court below rendered on the defendant (hereinafter referred to as a fine of KRW 1,500,000) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.
According to records, etc., the defendant was sentenced to three years of imprisonment by the Seoul High Court on October 8, 2010 for a violation of the Punishment of Violences, etc. Act (organization and activity of organizations, etc.) at the Seoul High Court. However, the appeal was dismissed on December 9, 2010 and the above judgment became final and conclusive on the same day. The crime in the judgment of the court below is related to concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Punishment of Violences, etc. Act (organization and activity of organizations, etc.) for which the judgment of the court below became final and conclusive, and the punishment is determined at the same time under Article 39(1) of the Criminal Act and taking account of equity in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act. However, the court below taken such measures only for the crime of damage
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 through oral argument.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence are as follows: "The facts charged against the defendant and the summary of the evidence were finalized" were reduced to the second facts of the judgment of the court below. "The Seoul High Court sentenced three years to imprisonment with prison labor on October 8, 2010 for the violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) and appealed on December 9, 2010, but the above judgment became final and conclusive on the same day after receiving the dismissal of the appeal on December 9, 2010." The summary of the evidence added "1. Each of the judgment (the High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's 2010No