도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
According to the records, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law at the Jung-gu District Court on December 13, 2017 and on February 23, 2018, and can be recognized the fact that the above judgment became final and conclusive on February 23, 2018. The above crime and the crime in the judgment of the court below are in a concurrent relationship after Article 37 of the Criminal Act, and the punishment should be determined in consideration of equity with the case where the judgment is rendered at the same time under Article 39(1) of the Criminal Act.
Therefore, the judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.
[Grounds for a new judgment] The criminal facts and summary of evidence recognized by the court and the summary of evidence are the criminal facts of the original judgment, and the defendant was sentenced to imprisonment with prison labor for not less than one year and six months on December 13, 2017 and the above judgment on February 23, 2018.
In addition, “1. A previous conviction in the judgment of this Court: (a)” is added to “any corresponding column of the judgment of the court below,” and thus, it is identical to each corresponding column of the judgment of the court below, in accordance with Article 369 of the Criminal Procedure Act, inasmuch as “1. A previous conviction in the judgment of this Court” is added to “any significant facts and reference materials (Article 2018Do2699, etc.)” at the last summary of the evidence.
Application of Statutes
1. Article 148-2 (1) 1, subparagraph 1 of Article 44, subparagraph 1 of Article 152, subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The latter part of Article 39(1) of the Criminal Act, Article 55(1)3 of the Criminal Act, which is statutory mitigation.